Smt. Santra Bai v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO. 32 OF 2019

1. Smt. Santra Bai W/o Late Konda Aged About 66 Years R/o Dipra Para, Potiya Road, Durg, Tahsil And District Durg, Chhattisgarh., District : Durg, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary Department Of Urban Administration And Development Mahanadi Bhawan, Mantralaya Naya Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. Directorate Department Of Urban Administration And Development, Through Its Director, Department Of Urban Administration And Development, Indiravati Bhawan, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

3. Municipal Corporation Durg, Through Commissioner, Municipal Corporation, Durg, District Durg, Chhattisgarh., District : Durg, Chhattisgarh ... Respondent(s) For Petitioner : Shri Sourabh Sharma, Advocate.

For Respondents : Shri H. B. Agrawal, senior advocate assisted by Ms. Prabha Sharma, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 08.01.2019

1. In the instant Writ Petition, the petitioner was working under the respondent No.3 Municipal Corporation, Durg as a Daily Wage - Employee and she retired from service on 30.06.2014.

2. The petitioner was initially appointed in the year 1982 and subsequently she was regularized in the year 2008 and as such she has worked as regular employee for a period of about 6 years.

3. The prayer made by the petitioner in the instant Writ Petition is for issuance of direction to the respondents to grant pensionary benefits to

the petitioner by taking into account the service rendered by her prior to her services being regularized with the State Government i.e. the period of service rendered by her as a Daily Wage Worker.

4. The counsel for the petitioner placed heavy reliance on the circulars dated 26/05/2018 and 23/08/2018 issued by the Finance Department, Government of Chhattisgarh in this regard.

5. Considering the limited grievance of the petitioner, this Court does not intend to keep the Writ Petition pending, rather ends of justice would meet if the Writ Petition is disposed off with a direction to the respondent No.1 to take a decision in respect of the claim of the petitioner. That while doing so, the respondent No.1 may also call in for any other circulars which are applicable so far as the Daily Wage Worker are concerned, issued by the Finance Department pertaining to the subject matter.

6. Let an appropriate decision be taken in this regard within a period of 90 days from today.

7. The Writ Petition accordingly stands allowed and disposed off. SD/- (P. Sam Koshy) Judge Priyanka