Mohar Singh Paikra v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1198 of 2019 Mohar Singh Paikra S/o Shri Balmukund Paikra Aged About 64 Years Retired Hand Pump Technician Public Health Engineering Departmet R/o Village Vellari, Kasdol District Balodabazar Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary Public Health Engineering Department Mantralaya Mahanadi Bhawan Raipur, Chhattisgarh

2. Director Treasury Accounts And Audit Department Raipur Chhattisgarh

3. Executive Engineer Chhattisgarh Public Health Engineering Department Balodabazar District Balodabazar Chhattisgarh ---Respondents For Petitioner :

Mr. Anup Majumdar, Advocate For State :

Mr. Anshuman Shrivastava, P.L.

Hon'ble Shri Justice P. Sam Koshy Order on Board 21/02/2019

1. The relief sought for by the petitioner is for considering his case for grant of pension, gratuity and arrears thereof.

2. The contention of the petitioner is that, the petitioner worked under the respondents as Hand Pump Technician since June, 1983 and retired from service on 31.10.2016. The petitioner was absorbed under the respondents only in the year 1988, but the services rendered prior to 1988 has not been reckoned for the purpose of grant of pension and gratuity.

3. The counsel for the petitioner submits that the petitioner is entitled for the length of service for the period between 1983 to 1988 be also reckoned as qualifying service for the purpose of fixation of pension

-2and gratuity. The petitioner refers to judgment of this court in case of "Lakhan Lal Vs. State of Chhattisgarh & Ors." for the purpose of grant of pensionary benefits by adding the service rendered as daily wage employee as qualifying service. Likewise, so far as grant of gratuity is concerned, the petitioner relies upon the decision of Supreme Court in case of "Net Ram Sahu Vs. State of Chhattisgarh & Ors.", 2018 (5) SCC 430 and circulars issued by the State Govt. after the decision of the Supreme Court in the aforementioned two judgments.

4. Given the aforesaid facts and circumstances of the case, let the respondents No.2 & 3 take appropriate decision in respect of the claim of the petitioner and pass a suitable order preferably within a period of 90 days from the date of receipt of certified copy of this order.

5. The petition accordingly stands disposed off. Sd/- (P. Sam Koshy) Judge Ved