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High Court Of ChhattisgarhREVP/106/2016disposed off

State Of Chhattisgarh v. Bhuwan Ram

2016-07-12Hon'Ble Shri Justice Prashant Kumar Mishra7 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR REVP No. 92 of 2016

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

2. The Sub Divisional Officer, Public Works Department, Sub Division Kasdole, District Baloda Bazar Bhatapara, Chhattisgarh

3. The Joint Director, Treasury, Accounts And Pension, Raipur, Chhattisgarh ...................(Respondents)

Versus

• Dhani Ram Sahu S/o Firtu Ram Sahu, Aged About 65 Years R/o Village Hasuwa, Block Kasdole, District Baloda Bazar Bhatapara, Chhattisgarh ...................(Petitioner) REVP No. 93 Of 2016

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

2. The Sub Divisional Officer, Public Works Department, Sub Division Kasdole, District Baloda Bazar Bhatapara, Chhattisgarh

3. The Joint Director, Treasury, Accounts And Pension, Raipur, Chhattisgarh ...................(Respondents) • Smt. Samarin W/o Samme Singh, Aged About 64 Years R/o Village Devtarai, Post Navagaon, Kasdole, District Baloda Bazar Bhatapara, Chhattisgarh .................(Petitioner) REVP No. 87 Of 2016

1. State Of Chhattisgarh , Through The Secretary, Revenue And Disaster Management Department, Mahanadi Bhawan, Mantralaya, New Raipur, Chhattisgarh

2. The Collector, Gariyaband, District- Gariyaband, Chhattisgarh

3. The Sub Divisional Officer, (R), Gariyaband, Distt. Gariyaband, Chhattisgarh

4. The Tahsildar, Fingeshwar, District Gariyaband, Chhattisgarh ................ (Respondents)

1. Narayan Ganda S/o Late Shri Heeralal Ganda, Aged About 60 Years R/o Village Charbhatti, Janpad Panchayat, Fingeshwar, District Gariyaband, Chhattisgarh .................(Petitioner)

2. Gram Panchayat Charbhatti, Through The Secretary, Gram Panchayat Charbhatti, District Gariyaband, Chhattisgarh ..................(Respondent No.5) REVP No. 97 Of 2016

3. The Sub Divisional Officer, Public Works Department, Sub Division No.1, Ambikapur, District Sarguja, Chhattisgarh • Mannu Ram S/o Dukha, Aged About 63 Years Retired Gangman, Office Of Sub Divisional Officer, P W D, Sub Division No.1, Ambikapur, District Sarguja, Chhattisgarh .................(Petitioner) REVP No. 101 Of 2016

3. The Sub Divisional Officer, Public Works Department, Sitapur, District Sarguja, Chhattisgarh • Manglu S/o Tholma, Aged About 64 Years R/o Gadabahari, Tahsil Sitapur, Post And P.S. Sitapur, District Sarguja, Chhattisgarh ................(Petitioner) REVP No. 102 Of 2016

3. The Sub Divisional Officer, Public Works Department, Sitapur, District Sarguja, Chhattisgarh • Goran Ram S/o Tigaram, Aged About 64 Years R/o Karabel, Tahsil Sitapur, Post And P.S. Sitapur, District Sarguja, Chhattisgarh ................(Petitioner) REVP No. 98 Of 2016

3. The Sub Divisional Officer, Public Works Department, Sub Division No.2, Ambikapur, District Sarguja, Chhattisgarh • Budga Ram S/o Benu Singh, Aged About 65 Years R/o Darima Ambikapur, District Sarguja, Chhattisgarh .................(Petitioner) REVP No. 106 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

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

4. The Joint Director, Treasury, Accounts And Pension Ambikapur, District Sarguja, Chhattisgarh....(Respondents) • Bhuwan Ram S/o Kashi Ram, Aged About 62 Years R/o Village Udaypur Dab, Post Bhittikala, P. S. Ambikapur, District Sarguja, Chhattisgarh... (Petitioner) REVP No. 103 Of 2016

3. The Joint Director, Treasury, Accounts And Pension, Ambikapur, District

• Balbodth Yadav S/o Krit Narayan, Aged About 65 Years R/o Aamatoli, Post And P.S. Sitapur, District Sarguja, Chhattisgarh ...............(Petitioner) REVP No. 99 Of 2016

3. The Sub Divisional Officer, Public Works Department, Sub Division No.2, Ambikapur, District Sarguja, Chhattisgarh • Ghuran Ram S/o Baudha Ram, Aged About 65 Years R/o Karji Ambikapur, District Sarguja, Chhattisgarh ................(Petitioner) REVP No. 100 Of 2016

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

• Ramdhani S/o Chega Ram, Aged About 63 Years R/o Ambikapur Darima Road, Ambikapur, District Sarguja, Chhattisgarh ..................(Petitioner) For Petitioners/State :

Shri PK Bhaduri, GA for the State For Respondents :

Shri CJK Rao, Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 12/07/2016

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