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High Court Of ChhattisgarhWPS/4106/2015disposed off

Rakesh Mishra v. State Of Chhattisgarh

2017-08-25Hon'Ble Shri Justice Manindra Mohan Shrivastava4 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4106 of 2015

1. Rakesh Mishra S/o Rajnath Mishra, Aged About 41 Years Permanent Gangman, Public Works Department, Sub Division Navagarh, Bemetara, Distt. Bemetara (Chhattisgarh)

2. Jogiram Yadav S/o Vishram, Aged About 61 Years Permanent Gangman, Public Works Department, Sub Division Navagarh, Bemetara, Distt. Bemetara (Chhattisgarh)

3. Bhaglu Ram S/o Jhuthan Ram Yadav, Aged About 53 Years Permanent Gangman, Public Works Department, Sub Division Navagarh, Bemetara, Distt. Bemetara (Chhattisgarh)

4. Baishakhu S/o Shobhit, Aged About 61 Years Permanent Gangman, Public Works Department, Sub Division Navagarh, Bemetara, Distt. Bemetara (Chhattisgarh)

5. Jantri Bai W/o Chatur, Aged About 51 Years Permanent Gangman, Public Works Department, Sub Division Navagarh, Bemetara, Distt. Bemetara (Chhattisgarh)

6. Banshi Ram S/o Badku, Aged About 57 Years Permanent Gangman, Public Works Department, Sub Division Navagarh, Bemetara, Distt. Bemetara (Chhattisgarh)

7. Ganjan Yadav S/o Rameshwar, Aged About 57 Years Permanent Gangman, Public Works Department, Sub Division Navagarh, Bemetara, Distt. Bemetara (Chhattisgarh)

8. Kejaram S/o Feru, Aged About 50 Years Permanent Gangman, Public Works Department, Sub Division Navagarh, Bemetara, Distt. Bemetara (Chhattisgarh)

9. Pardeshi Ram S/o Feru, Aged About 53 Years Permanent Gangman, Public Works Department, Sub Division Navagarh, Bemetara, Distt. Bemetara (Chhattisgarh)

10. Baratu Ram S/o Vishram, Aged About 56 Years Permanent Gangman, Public Works Department, Sub Division Navagarh, Bemetara, Distt. Bemetara (Chhattisgarh)

11. Lakhan Lal Dhobi S/o Tahuk Ram, Aged About 48 Years Permanent Gangman, Public Works Department, Sub Division Navagarh, Bemetara, Distt. Bemetara (Chhattisgarh)

12. Maniram S/o Khokhara, Aged About 50 Years Permanent Gangman, Public Works Department, Sub Division Navagarh, Bemetara, Distt. Bemetara (Chhattisgarh)

13. Dhani Ram S/o Khokhara, Aged About 51 Years Permanent Gangman, Public Works Department, Sub Division Navagarh, Bemetara, Distt. Bemetara (Chhattisgarh)

14. Rambharos S/o Tiku, Aged About 54 Years Permanent Gangman, Public Works Department, Sub Division Navagarh, Bemetara, Distt. Bemetara (Chhattisgarh)

15. Chaitram S/o Maniram, Aged About 55 Years Permanent Gangman, Public Works

Department, Sub Division Navagarh, Bemetara, Distt. Bemetara (Chhattisgarh)

16. Hiradas S/o Balakdas, Aged About 60 Years Permanent Gangman, Public Works Department, Sub Division Navagarh, Bemetara, Distt. Bemetara (Chhattisgarh)

17. Pahrik Ram Sahu, S/o Firtu Ram, Aged About 44 Years Permanent Gangman, Public Works Department, Sub Division Navagarh, Bemetara, Distt. Bemetara (Chhattisgarh)

18. Ramjivan Verma S/o Kejaram Verma, Aged About 58 Years Permanent Gangman, Public Works Department, Sub Division Navagarh, Bemetara, Distt. Bemetara (Chhattisgarh)

19. Salik Ram S/o Kejau, Aged About 57 Years Permanent Gangman, Public Works Department, Sub Division Navagarh, Bemetara, Distt. Bemetara (Chhattisgarh)

20. Kunjram S/o Tirith Ram, Aged About 59 Years Permanent Gangman, Public Works Department, Sub Division Navagarh, Bemetara, Distt. Bemetara (Chhattisgarh)

21. Ferha Ram S/o Bodhawa, Aged About 61 Years Permanent Gangman, Public Works Department, Sub Division Navagarh, Bemetara, Distt. Bemetara (Chhattisgarh)

22. Bisun Ram Rawat, S/o Khokhara, Aged About 57 Years Permanent Gangman, Public Works Department, Sub Division Navagarh, Bemetara, Distt. Bemetara (Chhattisgarh)

23. Manglu S/o Shobharam, Aged About 55 Years Permanent Gangman, Public Works Department, Sub Division Navagarh, Bemetara, Distt. Bemetara (Chhattisgarh)

24. Samaru Ram Sahu S/o Baishakhu, Aged About 59 Years Permanent Gangman, Public Works Department, Sub Division Navagarh, Bemetara, Distt. Bemetara (Chhattisgarh)

25. Kejaha Ram S/o Dukalu Ram, Aged About 59 Years Permanent Gangman, Public Works Department, Sub Division Navagarh, Bemetara, Distt. Bemetara (Chhattisgarh) ---- Petitioners

Versus

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

2. Chief Engineer, Public Works Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, Distt. Raipur (Chhattisgarh)

3. Executive Engineer, Public Works Department, Bemetara, Distt. Bemetara (Chhattisgarh)

4. Sub - Divisional Officer, Sub Division Navagarh, Public Works Department, Distt. Bemetara (Chhattisgarh)

5. Joint Director, Department Of Treasure, Accounts And Pension, Pension Bada,

Raipur, Distt. Raipur (Chhattisgarh) ---- Respondents Shri Sanjay Patel, counsel for the petitioner/s. Shri A.S.Kachhawaha, Addl. A.G. for the State. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 25/08/2017 Heard.

1.

The petitioners, who are working under the respondents in Work Charged and Contingency Paid Establishment, have filed this petition for a direction to respondents to consider petitioners' claim for reckoning the period of services rendered by them for the purposes of grant of pension under the Chhattisgarh (Work Charged and Contingency Paid Employees) Pension Rules, 1979. 2.

It is submitted that though the petitioners have been given a regular employment in the Contingency Establishment with regular scale of pay, in view of the decision of the Division Bench of this Court in Writ Appeal No.281 of 2013 (Lakhanram Sahu and others Vs. State of Chhattisgarh and others) and other connected writ appeals decided on 26.02.2015, the period of services rendered as temporary service, as considered in the aforesaid decision, is liable to be counted for the purposes of pension. It is submitted that the present petition has been filed by the petitioners though they are presently continuing in employment, apprehending that the services prior to 2008 may not be counted for the purposes of pension. 3.

Learned State counsel would submit that at present, apprehension of the petitioners is not well founded. It is submitted that the legal issue has been settled by this Court in the case of Lakhanram Sahu (supra) and if the petitioners have any such claim, the authority would consider the aspect and the petitioners would have a cause of action in case, the benefits to which they are entitled under the law is not granted at the time of their retirement.

4.

As the legal issue raised in the petition has already been settled by the Division Bench of this Court in the case of Lakhanram Sahu (supra), the

respondents shall prepare the petitioners' pension case by giving appropriate treatment to the period of services of the petitioners applying the law laid down in the case of Lakhanram Sahu (supra).

5.

The petition is disposed off.

Sd/-- (Manindra Mohan Shrivastava) Judge Deepti