Smt Lalita Bai v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W. P. (S) No. 2453 OF 2016 Smt. Lalita Bai D/o Late Parkh Lal Gangir, aged about 52 years, R/o Village Ghanora Tahsil Gurur, District Balod (C.G.) ---- Petitioner

Versus

1.

State of Chhattisgarh, through the Secretary, Public Work Department Mahanadi Bhawan Mantralaya Naya Raipur (C.G.) 2.

Executive Engineer, Public Work Department, (B./R) Division Balod, District Balod (C.G.).

3.

Sub Divisional Officer Public Work Department (B/R) Sub Division No. 02 Balod District Balod C.G.

---Respondents For Petitioner : Mr. Hemant Kesharwani, Advocate For State : Mr. S.P. Kale, Deputy Advocate General Hon'ble Shri Justice Manindra Mohan Shrivastava Order on Board 04/07/2016 1.

Heard.

2.

Learned counsel for the petitioner at the outset submits that husband of the petitioner was working as Labour (work charged and contingency paid establishment) in the services of respondent No.2 and he was regularized vide order dated 31/10/2005. Thereafter he died on 27/07/2012. He further submits that after completion of more than six years of regular service in the work charged and contingency paid establishment and in view of the order passed by this Court in case of Lakhanlal v. State of Chhattisgarh and others (W.P.(S) No. 5328/2012) decided on 6/11/2013, the period of service is liable to be reckoned for the purpose of grant of pension.

3.

Learned counsel for the State does not dispute the legal position. He however submits that claim of the petitioner would require verification of the facts.

4.

Considering the fact that legal issue has been decided by this Court, it would be proper to direct the State to scrutinize the case of deceased employee-Parkh Lal Gangir, husband of the petitioner on similar terms as Lakhanlal v. State of Chhattisgarh and others (W.P.(S) No. 5328/2012) decided on 6/11/2013 and take a decision on the case of the petitioner within a maximum period of four months from the date of receipt of copy of this order.

5.

With the aforesaid observations, the petition is finally disposed off. Sd/- (Manindra Mohan Shrivastava) Judge Tiwari