Chhattisgarh HC on Selection Grade backdating
The High Court of Chhattisgarh has dismissed a retired judicial officer’s bid to have his Selection Grade pay fixed from 17 October 1999. Justice Parth Prateem Sahu held that Selection Grade is an appointment by promotion governed by the then-applicable service rules, not a mere pay-revision event, and therefore could not be backdated using the 2003 pay-revision rules. The order was reserved on 12 August 2024 and delivered on 18 September 2024.
In WPS No. 5924 of 2018, petitioner Pradeep Kumar Shrivastava, a former District Judge (Entry Level) who later held Selection Grade from 17 October 2002, argued that the Chhattisgarh Higher Judicial Services (Revision of Pay) Rules, 2003 deemed effective from 1 January 1996 entitled him to Selection Grade after completing five years in the entry grade, i.e., from 17 October 1999. He sought re-fixation of his pay and consequential benefits, and the quashing of a 2013 memo rejecting his representation.
The Court traced the governing framework. It noted that on the date the petitioner was considered for Selection Grade, the Chhattisgarh Uchchtar Nyayik Seva (Bharti Tatha Seva Sharten) Rules, 1994 applied. Under Rule 5(2), Selection Grade is filled by selection on merit-cum-seniority and required eight years of qualifying service at that time, subject to relaxation. The petitioner was indeed appointed to Selection Grade by order dated 11 October 2002 with relaxation, but the benefit was to operate only upon completion of eight years on 17 October 2002. That order was never challenged.
Justice Sahu held that the 2003 Rules “only provide for revision of pay” and do not govern appointments or promotions. As such, they could not be used to rewrite eligibility or the date of promotion to Selection Grade. The later Chhattisgarh Higher Judicial Service (Recruitment and Conditions of Service) Rules, 2006 which reduced the qualifying service to five years operate prospectively from 7 April 2006 and do not assist a claim for an earlier date.
On delay and laches, the Court took a pragmatic view, noting the monetary impact on pay and retiral benefits, and considered the case on merits. Even so, it found no legal basis to backdate the Selection Grade to 1999 or to set aside the 2013 rejection of the petitioner’s representation. The writ petition was dismissed.
Case Details : WPS No. 5924 of 2018, Pradeep Kumar Shrivastava vs State of Chahattisgarh and Another. For the Petitioner : Mr. Pradeep Kumar Shrivastava, in person. For Resp.No.1/State : Mr. Keshav Prasad Gupta, Govt. Advocate and For the Respondent No.2 : Mr. Anurag Dayal Shrivastava, Advocate.