High Court Of ChhattisgarhWPS/2477/2019disposed off

Savitri v. State Of Chhattisgarh

2019-04-04Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (S) No. 2477 of 2019 Savitri W/o Dhankunwar, Aged About 70 Years, R/o Dhingorjhar, Block Kansabel, District Jashpur, Chhattisgarh ---- Petitioner

Versus

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

2. Superintendent Engineer, Public Works Department, Ambikapur Division Ambikapur, District Surguja Chhattisgarh

3. Executive Engineer, Public Works Department, Division Patthalgaon, District Jashpur, Chhattisgarh

4. Joint Director, Treasury, Accounts And Pension, Ambikapur, District Surguja, Chhattisgarh ---- Respondents For Petitioner :

Shri C. Jayant K. Rao, Advocate For State :

Shri P. Acharya, P.L.

Hon'ble Shri Justice P. Sam Koshy Order on Board 04/04/2019

1. The claim of the petitioner in the present writ petition is for grant of pensionary benefits.

2. According to the petitioner, her husband late Dhankunwar was working as work charged contingency paid employee way back in the year 1978 whose services were regularized on 26.08.2008. Subsequently the husband of the petitioner retired from service on attaining the age of superannuation on 31.01.2010. Since the husband of the petitioner had only 2 years of regular employment,

the Department did not process the case of the petitioner for pension. According to the petitioner, she is entitled for pension in view of the recent decision of the Division Bench of this Court in the case of Lakhanram Sahu and others Vs. State of Chhattisgarh and others passed in WA No. 281 of 2013.

3. Given the said fact, let the petitioner make a suitable representation to respondents 2 & 3 for grant of pensionary benefits who in turn shall process the claim of the petitioner and consider whether the petitioner's case is squarely covered by the decision of the Division Bench of this Court in the case of Lakhanram (supra) and pass an appropriate order. In case the petitioner is entitled for pensionary benefits, she be granted the same at the earliest preferably within a period of 4 months from the date of receipt of copy of this order.

4. The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) JUDGE Khatai