KALA NAND CHOUDHARY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has filed the instant writ petition claiming the following reliefs:-

(2.) Brief facts of the case are that the petitioner was appointed to the post of Medical Officer on 11/1/1989. After successful completion of his service tenure, he has been superannuated on 30/6/2023, from the post of Medical Officer/Assistant Professor. During his service tenure, he was granted the first-time bound pay scale of senior grade w.e.f. 1/1/2013 vide order dtd. 25/9/2014. Subsequently, he was granted the second time-bound pay scale of selection grade w.e.f. 1/1/2019 vide order dtd. 17/4/2020. In the meantime, on 8/8/2018, the State Government issued a circular granting the thirdtime-bound pay scale to the employees of Grades A, B, C and D, who have completed 30 years of service from their initial date of appointment and received only the two-time-bound pay scale. By the circular dtd. 25/1/2021, the circular dtd. 8/8/2018 is amended, and the employees of Grades A, B, C and D are made entitled to the third-time-bound pay scale from the date of completion of 30 years of their service. The petitioner is also claimed the third-time-bound pay scale as per the circular dtd. 8/8/2018 and 25/1/2021 and made his representations on 23/7/2021, 14/10/2022, and 20/6/2023, but no benefit has been granted to him till date. Hence, this petition.

(3.) Learned counsel for the petitioner would submit that from the circular dtd. 8/8/2018 and 25/1/2021, it is apparently clear that the petitioner is entitled to the third time-bound pay scale. He was appointed on 11/1/1989, through the selection process, and has completed his 30 years of service in the year 2019. As per the circular, after 2016, the benefits of the third time-bound pay scale are to be extended to the employees. The State Government has introduced one pay band in the year 2013 w.e.f. 1/4/2013, in which 04 timebound pay scales are to be provided to the employees after an interval of 6 years. The petitioner was not provided with any benefit from 1989 till 2013. He was entitled to the first time-bound pay scale in the year 1999 and the second time-bound pay scale in the year 2009. During the entire tenure, the petitioner got only the two-time-bound pay scale. And therefore, as per the circular of the State Government, he is entitled to the 04 time-bound pay scale.