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Chattisgarh High Court

Dr. Pramod Mahajan vs State Of Chhattisgarh on 19 March, 2026

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                                                  2026:CGHC:13136
                                                                NAFR


         HIGH COURT OF CHHATTISGARH AT BILASPUR

                       WPS No. 5486 of 2017

1 - Dr. Arvind Shukla S/o R. P. Shukla, Aged About 64 Years R/o C-10,
Priya Darshani Nagar, Vyapar Vihar Road, Bilaspur, Civil And Revenue
District Bilaspur Chhattisgarh., Chhattisgarh
                                                      --- Petitioner(s)

                               versus

1 - State Of Chhattisgarh Through Secretary, Department Of Health
And Family Welfare, Mantrayala, Mahanadi Bhawan, Naya Raipur
District       Raipur          Chhattisgarh.,        Chhattisgarh

2 - Commissioner, Department Of Health And Family Welfare, 3rd
Floor, Indravati Bhawan, Naya Raipur District Raipur Chhattisgarh.,
District            :            Raipur,              Chhattisgarh

3 - Director, Directorate, Health Service 3rd Floor, Indravati Bhawan,
Naya Raipur District Raipur Chhattisgarh. , District : Raipur,
Chhattisgarh

4 - Joint Director, Bilaspur Division, Bilaspur, District Bilaspur
Chhattisgarh,, District : Bilaspur, Chhattisgarh
                                                 --- Respondent(s)

WITH WPS No. 5623 of 2017 1 - Dr. B.R. Hotchandani S/o Late Shri Thakur Das Hotchandani, Aged About 60 Years R/o Behind Mission School, Rajendra Nagar, Bilaspur, Civil And Revenue District Bilaspur, Chhattisgarh., Chhattisgarh

---Petitioner(s) Versus 2 1 - State Of Chhattisgarh Through Secretary, Department Of Health And Family Welfare, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh., Chhattisgarh 2 - Commissioner, Department Of Health And Family Welfare, 3rd Floor, Indrawati Bhawan, Naya Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 3 - Director, Directorate, Health Services, 3rd Floor, Indrawati Bhawan, Naya Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 4 - Joint Director, Bilaspur Division, Bilaspur, District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh

--- Respondent(s) WITH WPS No. 5571 of 2017 1 - Dr. K. K. Sao S/o Late Shri K. R. Sao, Aged About 65 Years R/o Seepat Chouk, Sarkanda, Bilaspur Civil And Revenue District Bilaspur Chhattisgarh., Chhattisgarh

---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Health And Family Welfare, Mantralaya, Mahanadi Bhawan, Naya Raipur District Raipur Chhattisgarh., Chhattisgarh 2 - Commissioner, Department Of Health And Family Welfare, 3rd Floor, Indrawati Bhawan, Naya Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - Director, Directorate, Health Services 3rd Floor, Indravati Bhawan, Naya Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 4 - Joint Director, Bilaspur Division, Bilaspur, District Bilaspur Chhattisgarh,, District : Bilaspur, Chhattisgarh

--- Respondent(s) WITH WPS No. 5574 of 2017 1 - Dr. Vijay Kumar Soni S/o Late Shri A.R.Soni, Aged About 65 Years R/o Tilak Nagar, Bilaspur, Civil And Revenue District Bilaspur, Chhattisgarh, Chhattisgarh

---Petitioner(s) 3 Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Health And Family Welfare, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh, Chhattisgarh 2 - Commissioner, Department Of Health And Family Welfare, 3rd Floor, Indrawati Bhawan, Naya Raipur, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 3 - Director, Directorate, Health Services, 3rd Floor, Indrawati Bhawan, Naya Raipur, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 4 - Joint Director, Bilaspur Division, Bilaspur, District Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh

--- Respondent(s) WITH WPS No. 5557 of 2017 1 - Dr. Shankar Sharan Bajpai S/o Late Shri A. K. Bajpai, Aged About 64 Years R/o Ward No. 1, Vikas Nagar, 27 Kholi, Bilaspur, Civil And Revenue District Bilaspur Chhattisgarh, Chhattisgarh

---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Health And Family Welfare, Mantralaya, Mahanadi Bhawan, Naya Raipur District Raipur Chhattisgarh., Chhattisgarh 2 - Commissioner, Department Of Health And Family Welfare, 3rd Floor, Indrawati Bhawan, Naya Raipur District Raipur Chhattisgarh. , District : Raipur, Chhattisgarh 3 - Director, Directorate, Health Services 3rd Floor, Indravati Bhawan, Naya Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 4 - Joint Director, Bilaspur Division, Bilaspur, District Bilaspur Chhattisgarh,, District : Bilaspur, Chhattisgarh

--- Respondent(s) WITH 4 WPS No. 5558 of 2017 1 - Dr. Suresh Kumar Tiwari S/o Late Shri Satanand Tiwari Aged About 61 Years R/o 1/736, Ganga Nagar Phase- 2, Mangla Chouk, Bilaspur, Civil And Revenue District Bilaspur, Chhattisgarh., Chhattisgarh

---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Health And Family Welfare, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh., Chhattisgarh 2 - Commissioner, Department Of Health And Family Welfare, 3rd Floor, Indrawati Bhawan, Naya Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 3 - Director, Directorate, Health Services, 3rd Floor, Indrawati Bhawan, Naya Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 4 - Joint Director, Bilaspur Division, Bilaspur, District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh

--- Respondent(s) WITH WPS No. 5471 of 2017 1 - Dr. Pramod Mahajan S/o Late Shri J. L. Mahajan, Aged About 59 Years R/o Dayalband, Bilaspur, Civil And Revenue District Bilaspur, Chhattisgarh., Chhattisgarh

---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Health And Family Welfare, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh., Chhattisgarh 2 - Commissioner, Department Of Health And Family Welfare, 3rd Floor, Indrawati Bhawan, Naya Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 3 - Director, Directorate, Health Services, 3rd Floor, Indrawati Bhawan, Naya Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 4 - Joint Director, Bilaspur Division, Bilaspur, District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh

--- Respondent(s) 5 WITH WPS No. 5228 of 2017 1 - Dr. Rajkumar Agrawal S/o Late Shri Prasadilal Agrawal Aged About 59 Years R/o Main Road Vinoba Nagar Bilaspur Civil And Revenue District Bilaspur Chhattisgarh. , Chhattisgarh

---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary Department Of Health And Family Welfare Mantralaya Mahanadi Bhawan Naya Raipur District Raipur Chhattisgarh. , Chhattisgarh 2 - Commissioner, Department Of Health And Family Welfare 3rd Floor Indrawati Bhawan Naya Raipur District Raipur Chhattisgarh. , District :

Raipur, Chhattisgarh

3 - Director, Directorate Health Services 3rd Floor Indrawati Bhawan Naya Raipur District Raipur Chhattisgarh. , District : Raipur, Chhattisgarh 4 - Joint Director, Bilaspur Division, Bilaspur District Bilalspur Chhattisgarh. , District : Bilaspur, Chhattisgarh

--- Respondent(s) WITH WPS No. 5513 of 2017 1 - Dr. B. R. Nanda S/o Late Shri J.C.Nanda, Aged About 60 Years R/o Basera Colony, Bhartiya Nagar, Bilaspur, Civil And Revenue District Bilaspur Chhattisgarh., Chhattisgarh

---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Health And Family Welfare, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh., Chhattisgarh 2 - Commissioner, Department Of Health And Family Welfare, 3rd Floor, Indrawati Bhawan, Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - Director, Directorate, Health Services, 3rd Floor, Indrawati Bhawan, Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 6 4 - Joint Director, Bilaspur, Division, Bilaspur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

--- Respondent(s) For Petitioners : Ms. Meena Shastri, Advocate For State : Mr. Suyashdhar Badgaiya, G.A. Hon'ble Shri Justice Rakesh Mohan Pandey Judgment On Board 19.3.2026

1) By way of this petition, petitioners have sought a direction to the respondent authorities to grant the petitioners Grade Pay of Rs. 8,700/- in place of Rs. 7,600/- as fixed for "Selection Grade Pay Scale/ Prawar Shreni Vetanman" of "Medical Specialist Service Cadre" w.e.f. 8.6.2011 alongwith interest.

2) Facts of present cases are that petitioners were appointed to the post of Medical Officer way back in the year 1984 and they were allotted Medical Specialist Cadre vide order dated 8.6.2007 and at that time, they were receiving Selection Grade Pay Scale for Medical Officer Cadre and Grade Pay of Rs. 7,600/-. After completion of four years' services in Medical Specialist Cadre, petitioners became entitled to receive Selection Grade Pay Scale of Medical Specialist Cadre and Grade Pay of Rs. 8,700/- as per Chhattisgarh Pay Revision Rules, 1990 and order passed by Health and Family Welfare Department, State of Madhya Pradesh dated 30.7.1990.

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3) Ms. Meena Shastri, counsel for the petitioners submits that benefit of Selection Grade Pay Scale for Medical Specialist Cadre containing Grade Pay of Rs. 8,700/- has already been extended to three of the petitioners vide order dated 12.4.2018 w.e.f. 1.1.2013. She further submits that said benefit has not been uniformly extended to all the petitioners who are similarly placed, therefore petitioners may be permitted to make a detailed representation along with relevant documents before Secretary, Department Of Health And Family Welfare, State of Chhattisgarh, who in turn may be directed to consider it in objective manner and take appropriate decision strictly in accordance with law.

4) On the other hand, Mr. Suyashdhar Badgaiya, learned State counsel submits that order of State Government dated 1.4.2013 expressly provides that Medical Specialists will become entitled to receive Selection Grade Pay Scale containing Grade Pay of Rs. 8,700/- only after completing six years of service in senior grade. He further submits that petitioners had not completed six years of service on the said post at that point of time, therefore benefit was not extended. He contends that these petitions are misconceived and liable to be dismissed.

5) I have heard learned counsel for the parties and perused the documents placed on record with utmost circumspection.

6) Evidently, petitioners have filed rejoinder on 17.2.2021 and placed on record a promotion order dated 12.4.2018 (Annexure 8 P/8) issued by Directorate, Health Services, State of Chhattisgarh. This order makes it clear that some of the petitioners have been extended the benefit of Selection Grade Pay Scale w.e.f.1.1.2013 and remaining petitioners have been left in the lurch, therefore without commenting anything on the merits of the case, these petitions are hereby being disposed reserving liberty in favor of petitioners to make detailed representation(s) within period of 30 days from today before the Secretary, Department Of Health And Family Welfare, State of Chhattisgarh, who in turn is directed to consider such representation(s) and make all endeavors to take appropriate decision by way of a speaking order, preferably within a period of 120 days from the date of receipt of copy of such representation(s).

7) With the aforesaid direction(s), these petitions are disposed of.

Sd/-

(Rakesh Mohan Pandey) JUDGE Ajinkya Digitally signed by AJINKYA PANSARE Date: 2026.03.20 14:32:57 +0530