Abhirampuri Goswami v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 435 of 2020 • Abhirampuri Goswami S/o Late Jai Rampuri Goswami Aged About 64 Years R/o Hospital Ward, Kondagaon, Post, Tahsil and District : Kondagaon, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development Mahanadi Bhawan, New Raipur, Chhattisgarh

2. Chief Municipal Officer Kondagaon, District Kondagaon, Chhattisgarh ---- Respondents For Petitioner :

Shri Manoj Chouhan, Advocate For Respondents-State :

Shri Priyank Rathi, PL for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 20.01.2020 1.

In the instant Writ Petition, the petitioner was working under the respondent No.2 Municipal Corporation, Kondagaon as - a Daily Wage Employee and he retired from service on 2017. 2.

The petitioner was initially appointed in the year 1981 and subsequently he was regularized in the year 1999 and as such he has worked as regular employee for a considerable period.

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 him prior to his service being regularized with the State Government i.e. the period of service rendered by him as a Daily Wage Worker.

4.

The counsel for the petitioner placed heavy reliance on the circular 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.2 to take a decision in respect of the claim of the petitioner. That while doing so, the respondent No.2 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/- (Goutam Bhaduri) Judge yasmin