W. G. Samarth v. The Municipal Corporation Bhilai

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2261 of 2016 W. G. Samarth S/o Late Shri Gangadhar Samarth, Aged About 62 Years Retireed Sahayak Adhikchhak, Karyalay Municipal Corporation, Bhiali, Tahsil & District Durg Chhattisgarh ---- Petitioner

Versus

1. The Municipal Corporation Bhilai Through The Commissioner, Tahsil & District Durg Chhattisgarh

2. The State Government Of Chhattisgarh Through The Secretary, Town Administraiton & Development Department, Mahanadi Bhavan, New Raipur P.S. Rakhi Chhattisgarh

3. Sanchalanalaya Nagri Prashashan And Vikash, Chhattisgarh Raipur Chhattisgarh

4. Pension Nirakaran Samiti, State Government Of Chhattisgarh General Adm. Department Ministry, New Raipur, P.S. Rakhi, Chhattisgarh ---- Respondents Shri Ajay Shrivastava, counsel for the petitioner/s. Shri Dheeraj Wankhede,G.A. for the State.

Shri H.B. Agrawal, Senior Advocate with Ms. Meera Jaiswal, Advocate for the Corporation.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 22/06/2016 Heard.

1.

Learned counsel for the petitioner submits that petitioner's claim that regular services rendered by the petitioner as regular employee of erstwhile Special Area Development Authority (for short "SADA") Bhilai, where he was initially appointed, are liable to be counted for the purposes of pensionable services. He submits that identical issue has been decided by this Court vide order dated 08.02.2016 in batch of petitions WP(S) No.4459 of 2014 and other cases. 2.

Learned counsel for the respondents do not dispute that the petitioner's

claim of being identically placed as the petitioner, in whose favour, orders were passed in the case referred to above.

3.

In view of the above, this petition is also liable to be allowed and is allowed. Let the same benefit accrue to the petitioner as directed by this Court vide order dated 08.02.2016 in similar petition.

Sd/- (Manindra Mohan Shrivastava) J U D G E Rekha