State Of Chhattisgarh v. Ant Ram
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR REVP No. 67 of 2016
1. State Of Chhattisgarh Through- The Secretary, Public Works Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, District- Raipur (Chhattisgarh)
2. The Executive Engineer, Public Works Department, Raigarh, DistrictRaigarh (Chhattisgarh)
3. The Joint Director, Treasury, Accounts And Pension, Bilaspur, DistrictBilaspur (Chhattisgarh)
Versus
• Madhim Sai S/o Butu, Aged About 67 Years R/o Balakpodi, Police StationKapu, Tahsil- Dharamjaigarh, District- Raigarh (Chhattisgarh) ....... (Petitioner) REVP No. 69 Of 2016
1. State Of Chhattisgarh Through- The Secretary, Public Works Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, District- Raipur (Chhattisgarh)
2. The Executive Engineer, Public Works Department, Raigarh, DistrictRaigarh (Chhattisgarh)
3. The Joint Director, Treasury, Accounts And Pension, Bilaspur, DistrictBilaspur (Chhattisgarh) • Ghasiya Ram S/o Khariya, Aged About 63 Years R/o Durgapali Gudiyari, Tahsil And Police Station- Sarangarh, District- Raigarh (Chhattisgarh) ....... (Petitioner) REVP No. 68 Of 2016
1. State Of Chhattisgarh Through- The Secretary, Public Works Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, District- Raipur (Chhattisgarh)
2. The Executive Engineer, Public Works Department, Raigarh, DistrictRaigarh (Chhattisgarh)
3. The Joint Director, Treasury, Accounts And Pension, Bilaspur, DistrictBilaspur (Chhattisgarh) • Ant Ram S/o Nanki, Aged About 64 Years R/o Gudiyari, Tahsil And Police Station - Sarangarh, District- Raigarh (Chhattisgarh) ................. (Petitioner) REVP No. 71 Of 2016
1. State Of Chhattisgarh Through- The Secretary, Public Works Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, District- Raipur (Chhattisgarh)
2. The Executive Engineer, Public Works Department, Raigarh, DistrictRaigarh (Chhattisgarh)
3. The Joint Director, Treasury, Accounts And Pension, Bilaspur, DistrictBilaspur (Chhattisgarh) • Khedu Ram S/o Pardeshi, Aged About 65 Years R/o Gudiyari, Tahsil And Police Station- Sarangarh, District- Raigarh (Chhattisgarh) ........ (Petitioner) REVP No. 75 Of 2016
1. State Of Chhattisgarh Through The Secretary, Public Works Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur (Chhattisgarh)
2. The Executive Engineer, Public Works Department, Ambikapur, District Surguja (Chhattisgarh)
3. The Sub Divisional Officer, Public Works Department, Sub Division, Ramanujganj, District Balrampur, Ramanujganj (Chhattisgarh)
4. The Joint Director, Treasury, Accounts And Pension, Ambikapur, DistrictSurguja (Chhattisgarh)
• Baldev Ram S/o Late Ronha Ram, Aged About 65 Years Retired Gangman, Office Of Sub Divisional Officer, Pwd, Sub Division, Ramanujganj, District Balrampur Ramanujganj (Chhattisgarh).........(Petitioner) REVP No. 74 Of 2016
1. State Of Chhattisgarh Through The Sectary, Public Works Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur (Chhattisgarh)
2. The Executive Engineer, Public Works Department, Ambikapur, District Surguja (Chhattisgarh)
3. The Sub Divisional Officer, Public Works Department, Sub Division, Ramanujganj, District Balrampur, Ramanujganj (Chhattisgarh)
4. The Joint Director, Treasury, Accounts And Pension, Ambikapur, DistrictSurguja (Chhattisgarh)..........(Respondents) • Prasad S/o Gosai, Aged About 63 Years Retired Gangman, Office Of Sub Division Ramanujganj, District Balrampur Ramanujganj (Chhattisgarh)....... (Petitioner) For Applicants/State Mr. Y.S. Thakur, Dy. A.G. For the State For Respondents Mr. Harish Khuntiya, Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 06/05/2016
1. Heard on IA No.01 (in all the review petitions), applications for condonation of delay in filing the review petitions.
2. For the reasons mention in the applications, the same are allowed and the delay is condoned.
3. With the consent of learned counsel for the parties, the petitions are heard finally.
4. These review petitions are directed against the similar order passed in different writ petitions, whereby, this Court followed the order passed by the Division Bench on 26.02.2015 in W.A. No.281 of 2013 and directed the respondents to take the petitioners' temporary service into account to reckon pensionable service in view of the State Government's instructions dated 02.03.2005.
5. Later on, the State Government preferred Review Petition No.61 of 2015 before the Division Bench, which too was dismissed by the Division Bench on merits.
6. In view of the above, it is not open for this Court to exercise review jurisdiction , because, the order passed in different writ petitions has merged in the order passed by the Division Bench in Writ Appeal and the Review Petition.
7. At this stage, learned counsel for the State would submit that the State has preferred SLPs before the Supreme Court bearing Diary Nos.6686 of 2016 (State of Chhattisgarh Vs. Biharilal Jaiswal and others) and 5722 of 2016 (State of Chhattisgarh Vs. Sukhru and others) , therefore, the State may be granted reasonable time of about 06 months for deciding the representations preferred by the respondents to decide the issue of calculation of pensionable services of the respondents.
8. On due consideration, the present batch of Review Petitions are disposed of with observation that the State Government may decide the issue concerning the respondents' eligibility for pension by counting their temporary services within a period of 04 months from today. Sd/- Judge (Prashant Kumar Mishra) ashu