High Court Of ChhattisgarhWPS/1562/2015disposed off

Rohit Ram v. State Of Chhattisgarh And ORS.

2015-07-20Hon'Ble Shri Justice Prashant Kumar Mishra19 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1554 of 2015 • Budhram S/o Itwari Aged About 65 years Residence Of Munda, Post Lavan, District Baloda-Bazar-Bhatapara, Chhattisgarh.

Versus

1. State Of Chhattisgarh Through Secretary, Water Resources Department, Chhattisgarh.

2. Chief Engineer, Mahanadi Pariyojna, Water Resources Department, Raipur, District Raipur, Chhattisgarh.

3. Sub Divisional Officer, Water Management, Sub Division No.6, District Baloda Bazar- Bhatapara, Chhattisgarh.

4. Joint Director, Treasury, Accounts And Pension, Raipur, Chhattisgarh. WPS No. 1594 Of 2015 • Ramshila Bai D/o Shri Samelal Aged About 65 years Retired As Labour, Sub Division Gunderdehi, Public Works Department, Balod, District Balod Chhattisgarh

1. State Of Chhattisgarh Through The Secretary, Public Works Department, Mantralaya, D.K.S. Bhawan, Raipur Distt. Raipur (CG)

2. Director, Treasury, Accounts & Audit Department, Raipur (CG) WPS No. 1596 Of 2015

• Kishan Sinha S/o Shri Dayaram Sinha Aged About 63 years Retired As Labour Sub - Division Gunderdehi, Public Works Department Balod, District Balod (CG)

1. State Of Chhattisgarh Through The Secretary, Public Works Department, Mantralaya, D.K.S. Bhawan, Raipur (CG)

2. Director, Treasury, Accounts & Audit Department, Raipur (CG) WPS No. 1597 Of 2015 • Neerabai D/o Shri Madanram Aged About 67 years Retired As Labour Sub - Division Gunderdehi, Public Works Department Balod, District Balod (CG) • State Of Chhattisgarh Through The Secretary, Public Works Department, Mantralaya, D.K.S. Bhawan Raipur (CG) • Director, Treasury, Accounts & Audit Department, Raipur (CG) WPS No. 1599 Of 2015 • Mohanlal Dadsena S/o Shri Ludduram Dadsena Aged About 63 years Retired As Labour Sub Division No. 1, (B/R) Public Works Department, Rajnandgaon, District Rajnandgaon (CG)

1. State Of Chhattisgarh Through The Secretary, Public Works Department, Mantralaya, D.K.S. Bhawan Raipur (CG)

2. Director, Treasury, Accounts & Audit Department, Raipur (CG) WPS No. 1600 Of 2015 • Ram Bai D/o Shri Anjoriram, Aged About 65 years Retired As Labour, Sub Division Gunderdehi, Public Works Department, Balod, District Balod (CG) • State Of Chhattisgarh Through The Secretary, Public Works Department, Mantralaya, D.K.S. Bhawan Raipur (CG) • Director, Treasury, Accounts & Audit Department, Raipur (CG) WPS No. 1650 Of 2015 • Umabai Swarnkar D/o Shri Laxman Singh Aged About 65 years Retired As Labour, Sub Division Gunderdehi, Public Works Department, Balod, District Balod, (CG)

1. State Of Chhattisgarh Through The Secretary, Public Works Department, Mantralaya, D.K.S. Bhawan, Raipur, (CG)

2. Director, Treasury, Accounts & Audit Department, Raipur, (CG) WPS No. 1653 Of 2015 • Thanuram Sahu S/o Shri Dukaluram Sahu Aged About 63 years Retired As Labour, Sub-Division Gunderdehi, Public Works Department, Balod, District Balod, (CG)

1. State Of Chhattisgarh Through The Secretary, Public Works Department, Mantralaya, D.K.S. Bhawan, Raipur, (CG)

2. Director, Treasury, Accounts & Audit Department, Raipur, (CG) WPS No. 1658 Of 2015 • Rahipal Sahu S/o Shri Bisnaath Sahu Aged About 63 years Retired As Labour, Sub Division Gunderdehi, Public Works Department, Balod, District Balod, (CG)

1. State Of Chhattisgarh Through The Secretary, Public Works Department, Mantralaya, D.K.S. Bhawan, Raipur, (CG)

2. Director, Treasury, Accounts & Audit Department, Raipur, (CG) WPS No. 1657 Of 2015 • Sagunram Sahu S/o Shri Derharam Sahu Aged About 66 years Retired As Labour, Sub Division Gunderdehi, Public Works Department, Balod, District Balod, (CG)

1. State Of Chhattisgarh Through The Secretary, Public Works Department, Mantralaya, D.K.S. Bhawan, Raipur, (CG)

2. Director, Treasury, Accounts & Audit Department, Raipur, (CG)

WPS No. 1655 Of 2015 • Mayaram S/o Shri Itwari Aged About 63 years Retired As Labour, Sub Divisioin No.1 (B/R), Public Works Department, Rajnandgaon, District Rajnandgaon, (CG)

1. State Of Chhattisgarh Through The Secretary, Public Works Department, Mantralaya, D.K.S. Bhawan, Raipur, (CG)

2. Director, Treasury, Accounts & Audit Department, Raipur, (CG) WPS No. 1555 Of 2015 • Chetan Ram S/o Meghnath Ram Aged About 64 years Residence Of Khutgaon, P.O. Lodhma, P.S. Kunkuri, District Jashpur, Chhattisgarh.

1. State Of Chhattisgarh Through Secretary, Water Resource Department, Chhattisgarh.

2. Chief Engineer, Hasdev Kachar, Water Resources Department, Bilaspur, Chhattisgarh.

3. Executive Engineer Water Resources Department, Jashpur, District Jashpur, Chhattisgarh.

4. Joint Director, Treasury, Accounts And Pension, Ambikapur, District Sarguja, Chhattisgarh.

WPS No. 1556 Of 2015

• Bedram S/o Shiv Shankar Phekar Aged About 65 years Residence Of Munda, Post Lavan, District Baloda - Bazar- Bhatapara, Chhattisgarh.

1. State Of Chhattisgarh Through Secretary, Water Resources Department, Chhattisgarh.

2. Chief Engineer, Mahanadi Pariyojna, Water Resources Department, Raipur, District Raipur, Chhattisgarh.

3. Sub Divisional Officer, Water Management, Sub Division No.6, District Baloda Bazar- Bhatapara, Chhattisgarh.

4. Joint Director, Treasury, Accounts And Pension, Raipur (Chhattisgarh) WPS No. 1557 Of 2015 • Ishwar S/o Nawa Aged About 64 years Residence Of Jhariya, Jashpur, P.S. Jashpur, District Jashpur, Chhattisgarh.

1. State Of Chhattisgarh Through Secretary, Public Works Department, Chhattisgarh.

2. Executive Engineer, Public Works Department, Ambikapur, District Sarguja, Chhattisgarh.

3. Sub Divisional Officer, Public Works Department, Kunkuri, District Jashpur, Chhattisgarh.

4. Joint Director, Treasury, Accounts And Pension, Ambikapur, District Sarguja, Chhattisgarh.

WPS No. 1558 Of 2015 • Bandhan Ram S/o Bhoklo Aged About 63 years Residence Of Pakritoli, Chariadand, P.S. Duldula, District Jashpur, Chhattisgarh.

1. State Of Chhattisgarh through Secretary, Public Works Department, Chhattisgarh.

2. Executive Engineer, Public Works Department, Ambikapur, District Sarguja, Chhattisgarh.

3. Sub Divisional Officer, Public Works Department, Kunkuri, District Jashpur, Chhattisgarh.

4. Joint Director, Treasury, Accounts And Pension, Ambikapur, District Sarguja, Chhattisgarh.

WPS No. 1560 Of 2015 • Hiru Ram S/o Mangra Aged About 64 years Residence Of Bartoli, Jashpur, P.S. Jashpur, District Jashpur, Chhattisgarh.

1. State Of Chhattisgarh Through Secretary, Public Works Department, Chhattisgarh.

2. Executive Engineer, Public Works Department, Ambikapur, District Sarguja, Chhattisgarh.

3. Sub Divisional Officer, Public Works Department, Kunkuri, District Jashpur, Chhattisgarh.

4. Joint Director, Treasury, Accounts And Pension, Ambikapur, District Sarguja, Chhattisgarh.

WPS No. 1562 Of 2015 • Rohit Ram S/o Ant Ram Aged About 65 years R/o Khamrdih, Post Lahoud, District Baloda Bazar- Bhatapara, (Chhattisgarh)

1. State Of Chhattisgarh Through Secretary, Water Resources Department, Chhattisgarh

2. Chief Engineer Mahanadi Pariyojna, Water Resources Department, Raipur, District Raipur, Chhattisgarh

3. Sub Divisional Officer, Water Management, Sub Division No.6, District Balodabazar- Bhatapara, Chhattisgarh

4. Joint Director, Treasury, Accounts And Pension, Raipur, Chhattisgarh WPS No. 1563 Of 2015 • Bhoklu Ram S/o Vishwanath Aged About 63 years R/o Village Devri, Post Devri, District Balodabazar-Bhatapara, (Chhattisgarh)

1. State Of Chhattisgarh Through Secretary, Water Resources Department, Chhattisgarh

2. Chief Engineer Mahanadi Pariyojna, Water Resources Department, Raipur, District Raipur, Chhattisgarh

3. Sub Divisional Officer, Water Management, Sub Division No.6, District Balodabazar- Bhatapara, Chhattisgarh

4. Joint Director, Treasury, Accounts And Pension, Raipur, Chhattisgarh

WPS No. 1564 Of 2015 • Kandra Ekka S/o Budhu Ekka Aged About 63 years R/o Binjpur, Tahsil Duldula, P.S. Duldula, District Jashpur, Chhattisgarh

1. State Of Chhattisgarh Through Secretary, Public Works Department, Chhattisgarh

2. Executive Engineer, Public Works Department, Ambikapur, District Surguja, Chhattisgarh

3. Sub Divisional Officer, Public Works Department, Kunkuri, District Jashpur, Chhattisgarh

4. Joint Director, Treasury, Accounts And Pension, Ambikapur, District Surguja, Chhattisgarh WPS No. 1565 Of 2015 • Ledga Ram S/o Chaitram Aged About 66 years R/o Village Telki, Post Lacchanpur, District - Baloda - Bazar - Bhatapara Chhattisgarh

1. State Of Chhattisgarh Through Secretary, Water Resources Department, Chhattisgarh

2. Chief Engineer, Mahanadi Pariyojna, Water Resources Department, Raipur, District Raipur, Chhattisgarh.

3. Sub Divisional Officer, Water Management, Sub Division No.6, District Baloda Bazar- Bhatapara, Chhattisgarh.

4. Joint Director, Treasury, Accounts And Pension, Raipur (Chhattisgarh)

WPS No. 1566 Of 2015 • Smt. Sumitra W/o Sudharam Aged About 55 years R/o Kamardih, Tahsil Baloda Bazar District Baloda - Bazar Bhatapara, Chhattisgarh

1. State Of Chhattisgarh Through Secretary, Water Resources Department, Chhattisgarh

2. Chief Engineer, Mahanadi Pariyojna, Water Resources Department, Raipur, District Raipur, Chhattisgarh.

3. Sub Divisional Officer, Water Management, Sub Division No.6, District Baloda Bazar- Bhatapara, Chhattisgarh.

4. Joint Director, Treasury, Accounts And Pension, Raipur (Chhattisgarh) WPS No. 1567 Of 2015 • Budga Ram S/o Benu Singh Aged About 65 years R/o Darima, Ambikapur, District Sarguja, Chhattisgarh

1. State Of Chhattisgarh Through Secretary, Public Works Department, Chhattisgarh

2. Executive Engineer, Public Works Department, Ambikapur, District Sarguja, Chhattisgarh.

3. Sub Divisional Officer, Public Works Department, Sub Division No.2, Ambikapur, District Surguja, Chhattisgarh.

4. Joint Director, Treasury, Accounts And Pension, Ambikapur, District

Sarguja, Chhattisgarh.

WPS No. 1568 Of 2015 • Shiv Prasad Sahu S/o Firtu Ram Sahu Aged About 65 years R/o Charched, Tahsil Kasdole, District Baloda Bazar Bhatapara Chhattisgarh

1. State Of Chhattisgarh Through Secretary, Public Works Department, Chhattisgarh

2. Executive Engineer, Public Works Department, Baloda Bazar, District Baloda Bazar - Bhatapara Chhattisgarh

3. Sub- Divisional Officer, Public Works Department, Sub Division Kasdole, District Baloda Bazar Bhatapara Chhattisgarh

4. Joint Director Treasury, Accounts And Pension, Raipur, Chhattisgarh WPS No. 1569 Of 2015 • Bachhan Yadav S/o Chatur Yadav Aged About 63 years R/o Kosamsara, Post Kosamsara, District Baloda Bazar-Bhatapara, Chhattisgarh

1. State Of Chhattisgarh Through Secretary, Public Works Department, Mahandi Bhawan, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh

2. Executive Engineer Public Works Department, Baloda Bazar, District Baloda Bazar-Bhatapara, Chahttisgarh

3. Sub Divisional Officer, Public Works Department, Sub Division

Kasdole, District Baloda Bazar-Bhatapara, Chhattisgarh

4. Joint Director, Treasury, Accounts And Pension, Raipur, Chhattisgarh WPS No. 1570 Of 2015 • Ghuran Ram S/o Baudha Ram Aged About 63 years R/o Karji, Ambikapur, District Sarguja, Chhattisgarh

1. State Of Chhattisgarh Through Secretary, Public Works Department, Chhattisgarh

2. Executive Engineer, Public Works Department, Ambikapur, District Sarguja, Chhattisgarh

3. Sub Divisional Officer, Public Works Department, Sub Division No.2, Ambikapur, District Surguja, Chhattisgarh.

4. Joint Director, Treasury, Accounts And Pension, Ambikapur, District Sarguja, Chhattisgarh.

WPS No. 1571 Of 2015 • Sahdev Ram S/o Rati Ram Aged About 64 years Residence Of Chattanpara, Kunkuri, P.S. Kunkuri, District Jashpur, Chhattisgarh.

1. State Of Chhattisgarh Through Secretary, Water Resources Department, Chhattisgarh.

2. Chief Engineer, Hasdev Kachar, Water Resources Department, Bilaspur, Chhattisgarh.

3. Executive Engineer Water Resources Department, Jashpur, District Jashpur, Chhattisgarh.

4. Joint Director, Treasury, Accounts And Pension, Ambikapur, District Sarguja, Chhattisgarh.

WPS No. 1572 Of 2015 • Bukhau Ram Verma S/o Salik Ram Aged About 64 years Residence Of Munda, Post Lavan, District Baloda - Bazar- Bhatapara, Chhattisgarh.

1. State Of Chhattisgarh Through Secretary, Water Resources Department, Chhattisgarh.

2. Chief Engineer, Mahanadi Pariyojna, Water Resources Department, Raipur, District Raipur, Chhattisgarh.

3. Sub Divisional Officer, Water Management, Sub Division No.6, District Baloda Bazar- Bhatapara, Chhattisgarh.

4. Joint Director, Treasury, Accounts And Pension, Raipur (Chhattisgarh) WPS No. 1573 Of 2015 • Melaram S/o Itwari Aged About 63 years R/o Munda, Post Lavan, District Baloda Bazar Bhatapara Chhattisgarh

1. State Of Chhattisgarh Through The Secretary, Water Resources Department, Mahanadi Bhawan, Mantrlaya, Naya Raipur, District Raipur, Chhatisgarh

2. Chief Engineer, Mahanadi Pariyojna, Water Resources Department,

Raipur, District Raipur, Chhattisgarh.

3. Sub Divisional Officer, Water Management, Sub Division No.6, District Baloda Bazar- Bhatapara, Chhattisgarh.

4. Joint Director, Treasury, Accounts And Pension, Raipur (Chhattisgarh) WPS No. 1574 Of 2015 • Bhagwani Rajak S/o Adhari Rajak Aged About 65 years R/o Munda, Post Lavan, District Baloda Bazar Bhatapara Chhattisgarh

1. State Of Chhattisgarh Through Secretary, Water Resources Department, Chhattisgarh

2. Chief Engineer, Mahanadi Pariyojna, Water Resources Department, Raipur, District Raipur, Chhattisgarh.

3. Sub Divisional Officer, Water Management, Sub Division No.6, District Baloda Bazar- Bhatapara, Chhattisgarh.

4. Joint Director, Treasury, Accounts And Pension, Raipur (Chhattisgarh) WPS No. 1576 Of 2015 • Guleshwar Ram S/o Mandur Ram Aged About 64 years R/o Binjpur, Tahsil Duldula, P.S. Duldula, District Jashpur, Chhattisgarh

1. State Of Chhattisgarh Through Secretary, Public Works Department, Chhattisgarh

2. Executive Engineer, Public Works Department, Ambikapur, District Sarguja, Chhattisgarh.

3. Sub Divisional Officer, Public Works Department, Kunkuri, Dist. Jashpur, Chhattisgarh.

4. Joint Director, Treasury, Accounts And Pension, Ambikapur, District Sarguja, Chhattisgarh.

WPS No. 1577 Of 2015 • Bhode Singh S/o Shiv Charan Aged About 64 years Residence Of Ranikombo, Tahsil Kunkuri, P.S. Narayanpur, District Jashpur, Chhattisgarh.

1. State Of Chhattisgarh Through Secretary, Water Resource Department, Chhattisgarh.

2. Chief Engineer, Hasdev Kachar, Water Resources Department, Bilaspur, Chhattisgarh.

3. Executive Engineer Water Resources Department, Jashpur, District Jashpur, Chhattisgarh.

4. Joint Director, Treasury, Accounts And Pension, Ambikapur, District Sarguja, Chhattisgarh.

WPS No. 1578 Of 2015 • Sammelal S/o Budhram Aged About 63 years R/o Charched, Tahsil Kasdole, District Baloda Bazar Bhatapara Chhattisgarh

1. State Of Chhattisgarh Through Secretary, Public Works Department, Mahanadi Bhawan, Mantralaya, Naya Raipur District - Raipur Chhattisgarh

2. Executive Engineer, Public Works Department, Baloda Bazar, District Baloda Bazar - Bhatapara Chhattisgarh

3. Sub- Divisional Officer, Public Works Department, Sub Division Kasdole, District Baloda Bazar Bhatapara Chhattisgarh

4. Joint Director Treasury, Accounts And Pension, Raipur, Chhattisgarh WPS No. 1579 Of 2015 • Lal Pyaro S/o Sundar Ram Aged About 64 years R/o Ghasimunda, Tahsil Farsabahar, P.S. Tapkara, Jashpur, District Jashpur, Chhattisgarh

1. State Of Chhattisgarh Through Secretary, Public Works Department, Chhattisgarh.

2. Executive Engineer, Public Works Department, Ambikapur, District Sarguja, Chhattisgarh.

3. Sub Divisional Officer, Public Works Department, Kunkuri, Dist. Jashpur, Chhattisgarh.

4. Joint Director, Treasury, Accounts And Pension, Ambikapur, District Sarguja, Chhattisgarh.

WPS No. 1580 Of 2015 • Ramdhani S/o Chega Ram Aged About 63 years Residence Of Ambikapur Darima Road, Ambikapur, District Sarguja, Chhattisgarh.

1. State Of Chhattisgarh Through Secretary, Public Works Department, Chhattisgarh.

2. Executive Engineer, Public Works Department, Ambikapur, District Sarguja, Chhattisgarh.

3. Sub Divisional Officer, Public Works Department, Sub Division No. 2 Ambikapur, District Sarguja, Chhattisgarh.

4. Joint Director, Treasury, Accounts And Pension, Ambikapur, District Sarguja, Chhattisgarh.

WPS No. 1581 Of 2015 • Closticka Minj W/o Piyush Minj Aged About 62 years Residence Of Sanna Road, Jashpur, P.S. Jashpur, District Jashpur, Chhattisgarh.

1. State Of Chhattisgarh Through Secretary, Public Works Department, Chhattisgarh.

2. Executive Engineer, Public Works Department, Ambikapur, District Sarguja, Chhattisgarh.

3. Sub Divisional Officer, Public Works Department, Kunkuri, Dist. Jashpur, Chhattisgarh.

4. Joint Director, Treasury, Accounts And Pension, Ambikapur, District Sarguja, Chhattisgarh.

For Petitioners : Shri Anup Majumdar, Shri CJK Rao and Shri KP Sahu, Advocates For Respondents : Shri YS Thakur, Deputy AG with Shri S. Pandey, Deputy GA.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 20/07/2015

1. Learned counsel for the petitioners would submit that the petitioners were the employee of work charged and contingency paid establishment, having been earlier appointed as daily wager and thereafter attained the status of temporary employee, in accordance with the Chhattisgarh (Work-Charged and Contingency Paid Employees) Pension Rules, 1979 (for short 'the Rules, 1979').

2. Learned counsel for the petitioners would further submit that the petitioners' past services, prior to the date of regularization, are not counted for the purposes of granting pension and as such, they have been declared ineligible for pension. Learned counsel would refer to the order passed by the Division Bench of this Court decided on 26-2-2015 in Writ Appeal No.281/13 and other connected matters, wherein this Court has held that in view of the State Government's instructions dated 2-3-2005, petitioners temporary service be taken into account to reckon pensionable service and the appellants of the said writ appeals were held entitled to pension under the Rules, 1979.

3. Learned counsel for the respondents would not dispute the legal position as has been laid down by the Division Bench, however, he would submit that the State has filed the review petition.

4. In view of the above, the writ petitions are disposed of with a direction that on fresh representation being filed by the petitioners within a period of four weeks, the respondents shall decide petitioners' entitlement to pension, in accordance with the law laid down by this Court in Writ Appeal No.281/13 within a further period of three months, subject to verification of facts or any other order passed by the Division Bench or the Supreme Court on the issue.

Sd/- Judge (Prashant Kumar Mishra) Barve