High Court Of ChhattisgarhWPS/5328/2011disposed off

Samaru Das Manikpuri And ORS. v. State Of Chhattisgarh And ORS.

2018-04-16Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5328 of 2011

1. Samaru Das Manikpuri, Aged about 62 years, S/o. Late Shri Tijau, R/o. Village and Post Ahilda, Baloda Bazar, Raipur, Chhattisgarh

2. Mani Ram Sahu, Aged about 62 years, S/o. Late Shri Chamru, R/o. Village and Post Ahilda, Baloda Bazar, Raipur, Chhattisgarh

3. Parsotam Verma, Aged about 62 years, S/o. Late Shri Dheerdas, R/o. Village and Post Ahilda, Baloda Bazar, Raipur, Chhattisgarh

4. Ledga Ram Sahu, Aged about 62 years, S/o. Late Shri Phool Singh, R/o. Village and Post Ahilda, Baloda Bazar, Raipur, Chhattisgarh

5. Babu Ram Patel, Aged about 62 years, S/o. Late Shri Nain Das, R/o. Village Munda, Post Lavan, Baloda Bazar, Raipur, Chhattisgarh ---- Petitioners

Versus

1. State of Chhattisgarh, through: Secretary, Water Resources Department, D.K.S. Bhawan, Mantralaya, Raipur, Chhattisgarh

2. Engineer-in-Chief, Water Resources Department, Sihava Bhawan, Raipur, Chhattisgarh

3. Chief Engineer, Division No.2, Water Resources Department, Baloda Bazar, Raipur Chhattisgarh ----Respondents For Petitioners :

Mr. Sushil Sahu, Advocate For State :

Mr. B. Gopa Kumar, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 16/04/2018

1. The grievance of the petitioners is that of non-granting of pensionary benefits though they have worked with the respondents for a considerable long period of time. The respondents have refused to grant pensionary benefits to the petitioners, as they did not have the required qualifying service as a regular employee.

2. Counsel appearing for the parties submit that the issued involved in the present case already stands decided by the Division Bench of this Court in W.A. No. 281/2013 (Lakhan Ram Sahu & Ors. v. State

of Chhattisgarh & Ors.) and a bunch of cases which were decided on 26.02.2015. Based on the said order of the Division Bench many other writ petitions have been disposed of by the Single Bench with a direction to the respondents that they shall consider the case of the petitioners in the light of the judgment of the Division Bench in the case of "Lakhan Ram Sahu" and on due verification, if the petitioners are found to be similarly placed as the appellants in the W.A. No. 281/2013, they shall also be entitled for similar treatment.

3. Given the aforesaid submissions made by the counsel for the parties, the present writ petition is disposed of with a direction to the respondents to consider the case of the petitioners in the light of the judgment of the Division Bench dated 26.02.2015 in W.A. No. 281/2013 and other analogous appeals. Subject to verification, if the petitioners are found similarly placed, then the petitioners also be granted pensionary benefits.

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