High Court Of ChhattisgarhWPS/1756/2019disposed off

Jugal Kishore Tiwari v. State Of Chhattisgarh

2019-03-15Hon'Ble Shri Justice P. Sam Koshy2 pages

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1756 of 2019 Jugal Kishore Tiwari S/o Shri Nandkishore Tiwari, Aged About 62 Years R/o Chandelnagar, MIG B-47, Bilaspur, District Bilaspur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh, Through The Secretary, Water Resources Department, New Raipur District Raipur Chhattisgarh.

2. The Executive Engineer, Water, Resources Division, Sakri, District Bilaspur Chhattisgarh.

3. The Joint Director, Treasury, Accounts And Pension, Bilaspur District Bilaspur Chhattisgarh.

---Respondents For Petitioner :

Mr. Goutam Khetrapal, Advocate For State :

Ms. Sunita Jain, G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 15/03/2019

1. The grievance of the petitioner is for an appropriate direction to the respondents to consider the period rendered as daily wage employee for the purpose of counting the qualifying service for release of pension.

2. Counsel for the petitioner submits that the claim of the petitioner is squarely covered by the decision of the Division Bench of this Court in the case of "Lakhanram Sahu and others Vs. State of Chhattisgarh and others" WA No.281 of 2013, decided on 26.02.2015.

-23. Counsel for the petitioner submits that the State Government further has issued certain circulars dated 28.02.2018 in respect of those employees, who have been regularized after 01.11.2004.

4. Given the said facts and circumstances of the case, let the petitioner, in addition to the representation, if any made, make a fresh representation to the competent authority in the Department for grant of pension calculating the service rendered as daily wage employee. On such representation being made, the respondents authorities are expected of deciding the same at the earliest preferably within a period of 4 months from the date of receipt of the copy of the fresh representation that the petitioner would make.

5. With the aforesaid observations, the present writ petition stands disposed off.

Sd/- (P. Sam Koshy) Judge Ved