Bisari Bai Telkar vs State Of Chhattisgarh

Parth Prateem Sahu, J

The petitioner has filed this petition seeking the following relief(s):

10.1. The Hon'ble Court may call for records from the respondents.

10.2. The Hon'ble Court may direct the Respondents to grant the benefits of higher pay scale to the period of service of Petitioner's deceased husband and revise the pension of the Petitioner as per the gazette notification dated 14.10.1982.

10.3. The Hon'ble Court may direct the Respondents to pay arrears of salary and pension to the Petitioner.

10.4. The Hon'ble Court may direct the Respondents to remove the anomaly in the service of the Petitioner's husband.

10.5. The Hon'ble Court may kindly be pleased to issue writ/order/direction similar to the order passed on 09.06.2025 in WPS/3524/2025 directing the Respondent authorities to consider and decide fresh representation in the light of gazette notification dated 14.10.1982 expeditiously preferably within a period of six months from the date of receipt/production of a certified copy of this order.

10.6. The Hon'ble Court may grant cost of petition to the Petitioner.

10.7. The Hon'ble Court may grant any other relief as this Hon'ble Court may deem fit and proper in the nature and circumstances of the present case in the interest of justice.

Learned counsel appearing for the petitioner submitted that in similarly situated facts and the question of law, a batch of the writ petition, the leading case of which was Writ Petition (S) No. 2904 of 2005 [Dwarikadas Vaishnav & another Vs. State of Madhya Pradesh (now Chhattisgarh) and others] has been considered and decided by the Coordinate Bench of this Court vide order dated 05.12.2012, in which, the petitioners, in those cases, have been granted liberty to file a fresh representation before competent authority, therefore, this petition may also be disposed of in light of that order directing the respondents-Competent Authority to consider the case of the petitioner's husband for revision of pay scale in accordance with the Notification dated 14.10.1992 (which was modified subsequently as 14.10.1982) issued by State of Madhya Pradesh, as the petitioner's deceased husband joined as Field Assistant on 08.02.1973 and retired from the office of Respondent No. 5 on 31.12.2008. The petitioner's husband died on 05.12.2019.

Learned counsel appearing for the State/respondents would submit that earlier the respondent/State had already considered the issue of the petitioners in the light of the judgment passed by State Administrative Tribunal, Gwalior Bench in Laxmi Narayan Upadhyay v. State of M.P., however, he submits that if the petitioner file a fresh representation, the State will consider her case in light of the notification as mentioned herein above.

In view of the above submissions made by the parties, this petition is disposed of. If the petitioner files a fresh representation before the competent authority, the same shall be considered and decided by the competent authority in light of the aforesaid notification expeditiously preferably within a period of six months from the date of receipt/production of a certified copy of this order.

With the aforesaid observation and direction, the writ petition stands finally disposed of.