High Court Of ChhattisgarhWPS/438/2016allowed

Jhadi Ram Sahu v. The State Of Chhattisgarh

2017-05-11Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 438 of 2016 • Jhadi Ram Sahu S/o Ram Singh, Aged About 73 Years, Occupation Retd. Carpenter-Cum-Massion, Office Of SubDivisional Officer, Public Works Department, Sub Division Bemetara, District Durg, R/o Ward No.3, Kachheripara, Near Pandey Talab, Bemetara, District Bemetara, (Chhattisgarh) ---- Petitioner

Versus

1. The State Of Chhattisgarh Through: The Secretary, Public Works Department, Mahanadi Bhawan, Naya Raipur, (Chhattisgarh)

2. The Executive Engineer, Public Works Department, Bemetara Division, District Bemetara, (Chhattisgarh)

3. The Sub Divisional Officer, Public Works Department, Sub Division Bemetara, District Bemetara, (Chhattisgarh)

4. High Power Committee For Pension Claim Settlement and Retired Personnel, Mahanadi Bhawan, Naya Raipur, (Chhattisgarh)

5. Joint Director, Treasury, Accounts and Pension, Raipur, Tahsil And District Raipur, (Chhattisgarh) ---- Respondents For Petitioner Shri R. K. Pali, Advocate For Respondent-State Ms. Sunita Jain, PL Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 11/05/2017 1.

Since after rejection of petitioner's representation vide AnnexureP-1 on 16.09.2008, the issue concerning pension to a contingency paid employee as governed under the Chhattisgarh (Work Charged and Contingency Paid Employees) Pension

Rules, 1979 has been settled by this Court by order dated 26.02.2015 in Writ Appeal No.281/2013 (Lakhanram Sahu vs State of Chhattisgarh and others and other connected matters), therefore, the impugned order (Annexure-P-1) is set aside and the matter is remitted back to the respondent No.1, Secretary, Department of Public Works, Government of Chhattisgarh for deciding the petitioner's case in accordance with the law laid down in the matter of Lakhanram Sahu (supra). Petitioner shall move fresh representation before the Secretary, Department of Public Works, Government of Chhattisgarh within one month, which shall be decided within next 3 months. 2.

Accordingly, the writ petition is disposed of in terms of the order passed by the Division Bench in the matter of Lakhanram Sahu (supra).

Sd/- JUDGE PRASHANT KUMAR MISHRA Nirala