Smt. Jodha Bai Yadav v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1611 of 2015 • Sadanand Nayak S/o Chait Ram, Aged About 65 years R/o Village Post & P.S. Baramkela, Tahsil Baramkela Civil & Revenue District, Raigarh Chhattisgarh

Versus

• State Of Chhattisgarh, Through The Chief Secretary, Public Works • The Engineer-In-Chief, Public Works Department, Government Of Chhattisgarh, Near Raj Bhawan, Raipur District Raipur Chhattisgarh Division, Raipur, District Raipur Chhattisgarh • The Executive Engineer, Public Works Department , Tahsil and Division Raigarh, District Raigarh Chhattisgarh • The Sub Divisional Engineer, Public Works Department, WPS No. 1612 Of 2015 • Rishikesh Gupta S/o Mukund Ram Gupta, Aged About 63 years R/o Madhuban Para, P.S.,- City Kotwali, Civil & Revenue DistrictRaigarh- (Chhattisgarh) • State Of Chhattisgarh Through- The Chief Secretary, Public Works Department, Mantralaya, Rakhi, New Raipur- (Chhattisgarh) Chhattisgarh, Near Raj Bhawan, Raipur, District Raipur-

• The Executive Engineer, Public Works Department, Tahsil And • The Sub Divisional Engineer, Public Works Department, Tahsil & District- Raigarh- (Chhattisgarh) ---- Respondent WPS No. 1628 Of 2015 • Lachhi S/o Ratthu, Aged About 65 years, R/o Village Post & P.S. Baramkela, Tehsil Baramkela, Civil & Revenue District Raigarh Chhattisgarh • State of Chhattisgarh Through The Chief Secretary, Public Works Department, Mantralaya, Rakhi, New Raipur (C.G.) Chhattisgarh, Near Raj Bhawan, Raipur, District Raipur- • The Executive Engineer, Public Works Department, Tahsil And • The Sub Divisional Engineer, Public Works Department, WPS No. 1626 Of 2015 • Smt. Yashoda Sahu W/o Raghunath Sahu, Aged About 45 years R/o Village Janakpur, Post P.S. & Tahsil - Baramkela, Civil & Revenue District Raigarh Chhattisgarh • State Of Chhattisgarh Through The Chief Secretary, Irrigation • The Engineer-In- Chief, Irrigation Department, Government Of

Chhattisgarh, Raipur, District Raipur- ( Chhattisgarh) • The Superintending Engineer, Irrigation Department, Bilaspur, Division Bialspur, District Bilaspur (C.G.) • The Executive Engineer, Irrigation Department, Tahsil And • The Sub Divisional Engineer Irrigation Department, Baramkela, Tahsil Baramkela, District Raigarh Chhattisgarh ---- Respondent WPS No. 1616 Of 2015 • Smt. Jodha Bai Yadav W/o Jailal Yadav, Aged About 60 years, R/o Village Beirdih, Post P.S. & Tahsil Baramkela Civil & Revenue District Raigarh Chhattisgarh • State Of Chhattisgarh Through The Chief Secretary, Irrigation • The Engineer-In- Chief, Irrigation Department, Government Of Chhattisgarh, Raipur, District Raipur (C.G.) • The Superintending Engineer, Irrigation Department, Bilaspur, Division Bilaspur, District Bilaspur (C.G.)

• The Executive Engineer, Irrigation Department, Tahsil And • The Sub Divisional Engineer Irrigation Department, Baramkela, Tahsil Baramkela, District Raigarh Chhattisgarh ---- Respondent And WPS No. 1614 Of 2015 • Padman S/o Amar Aged About 68 years R/o Village Godam, Post & P.S.

• State Of Chhattisgarh Through The Chief Secretary, Public Works Chhattisgarh, Near Raj Bhawan, Raipur, District Raipur- • The Executive Engineer, Public Works Department, Tahsil And • The Sub Divisional Engineer, Public Works Department, For Petitioners Mr. Rakesh Anthony, Advocate For Respondent/State Mr. Shashank Thakur, Government Advocate.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 10/08/2015 1.

With the consent of the learned counsel for the parties, the matter is heard finally.

2.

Learned counsel for the petitioners would submit that the petitioners were the employees of work charged and contingency paid establishment, having been earlier appointed as daily wagers 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').

3.

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, petitioner's 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.

4.

Learned State counsel would not dispute the decision rendered by the Division Bench, however, he would submit that the State Government has preferred Review Petition No.61/2015 before the Division Bench in which, notices have been issued to the other side. He would submit that based on the outcome of the review petition, the matter shall be considered by the competent authority.

5.

In view of the above, the writ petitions are disposed of with a direction that on fresh representations being filed by the petitioners, within a period of 4 weeks, the respondents shall decide the petitioners' entitlement to pension, depending upon and after the outcome of Review Petition No.61/2015.

Sd/- Judge (Prashant Kumar Mishra) Shyna