Puran Lal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.743 OF 2019 Puran Lal S/o Late Mansingh Aged About 63 Years R/o Ramnagar Bhilai, District Durg, Chhattisgarh.

...Petitioner(s)

Versus

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

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

3. Municipal Corporation Bhilai, Through Commissioner, Municipal Corporation Bhilai, District Durg, Chhattisgarh. ... Respondent(s) For Petitioner :

Shri Sourabh Sharma, Advocate.

For Respondent-State :

Ms. Sunita Jain, Govt. Advocate.

For Respondent No.3 :

Shri Anup Majumdar, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 05.02.2019

1. In the instant Writ Petition, the petitioner was working under the respondent No.3 Municipal Corporation, Bhilai as - a Daily Wage Employee and retired from service on 28.02.2018.

2. The petitioner was initially appointed in the year 1985 and subsequently regularized in the year 2008 and as such they have worked worked as regular employee for a period of about 10 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 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 played 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 petitioners, 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 subject to verification of the factual details as has been enumerated by the petitioner from the official records. 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 inder/jyoti