Mahatma Lal Kabrait v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.2264 OF 2019

1. Mahatma Lal Kabrait S/o Late Shri Loknath Kabrait Aged About 70 Years R/o Dhangar Deepa, Ward No. 2 Raigarh District Raigarh Chhattisgarh.

...Petitioner(s)

Versus

1. State of Chhattisgarh Through The Secretary, Public Works Department Mahanadi Bhawan, Atal Nagar New Raipur Chhattisgarh.

2. The Engineer - In - Chief, Public Works Department, Sirpur Bhawan, District Raipur Chhattisgarh.

3. The Chief Engineer, Public Works Department, Bilaspur Division District Bilaspur Chhattisgarh.

4. The Executive Engineer, Public Works Department Raigarh Division, District Raigarh Chhattisgarh.

5. The Joint Director, Treasury, Account And Pension, Bilaspur District Bilaspur Chhattisgarh.

... Respondent(s) For Petitioner :

Shri Somkant Verma on behalf of Shri Rakesh Anthony, Advocate.

For Respondent-State :

Shri Arvind Dubey, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 29.03.2019

1. The petitioner through the present writ petition is claiming for an appropriate relief of counting the period spent as daily wage employee for the purpose of regular pay-scale and other benefits.

2. At the outset, this Court is not inclined to entertain the writ petition for the reason that firstly the petitioner is a retired employee. While he was serving the Department, he has never raised any such dispute. Moreover, what is apparently evident is that the petitioner's initial engagement was as a daily wage employee and it is settled position of law that a daily wage employee would not have any substantial claim as that of a regular employee unless the initial engagement itself is following a due selection process.

3. In the instant case, the petitioner is not able to establish either of the two grounds and therefore the present writ petition being devoid of merit and also filed at a belated stage, the same deserves to be and is accordingly dismissed.

Sd/- (P. Sam Koshy) Judge inder