Ramcharan v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2775 of 2017
1. Ramcharan S/o Rama Yadav, Aged About 67 Years R/o Village Bakli, P. O. Parsada Joshi, Police Station & Tahsil Rajim, District Gariyaband (Chhattisgarh)
2. Devnath Sinha S/o Vishal Sinha, Aged About 65 Years R/o Village & Post Jingeshwar, Ward No. 13, Police Station Fingeshwar, District Gariyaband (Chhattisgarh)
3. Naresh S/o Sukhdev, Aged About 64 Years R/o Village Polkarra, P. S. Pendra, Police Station & Tahsil Rajim, District Gariyaband (Chhattisgarh)
4. Kunjram Verma S/o Alal, Aged About 62 Years R/o Village & Post Sursabandha, Police Station & Tahsil Rajim, District Gariyaband (Chhattisgarh)
5. Johat Ram S/o Kheduram Nagarchi, Aged About 62 Years R/o Village Singhauri, Post Baronda, Police Station & Tahsil Rajim, District Gariyaband (Chhattisgarh)
6. Tijuram Sahu S/o Sahasram Sahu, Aged About 67 Years R/o Village Devgaon, Post Belar, Police Station & Tahsil Rajim, District Gariyaband (Chhattisgarh)
7. Puranik S/o Kejuram, Aged About 62 Years R/o Village & Post Pond, P. S. Panduka, Tahsil Chhura, District Gariyaband (Chhattisgarh)
8. Johat Ram Sahu S/o Jarhu, Aged About 68 Years R/o Village & Post Basin, Police Station & Tahsil Rajim, District Gariyaband (Chhattisgarh) ---- Petitioners
Versus
1. State Of Chhattisgarh Through The Secretary, Water Resources Department, Mantralaya, New Raipur, District Raipur (Chhattisgarh)
2. The Executive Engineer, Water Resources Department, Division Gariyaband, District Gariyaband (Chhattisgarh)
3. The Sub Divisional Officer, Water Resources Department, Sub Division Rajim, District Gariyaband (Chhattisgarh)
4. The District Treasury And Pension Department, District Gariyaband (Chhattisgarh) ---- Respondents For Petitioners : Mr. Goutam Khetrapal, Advocate For State : Mr. S.P. Kale, Dy. A.G.
Hon'ble Shri Justice P. Sam Koshy Order On Board 30/06/2017 Heard.
1. The petitioners in the present writ petition have sought for direction to respondents for considering the case for grant of pension taking into account the services that they had rendered prior to regularization under the Chhattisgarh (Work Charged and Contingency Paid Employees) Pension Rules, 1979 (hereinafter referred to as 'the Pension Rules, 1979').
2. Learned counsel for the petitioners relied upon the judgment of the Division Bench of this Court in Writ Appeal No.1073 of 2012 and other analogous writ appeals decided on 26.02.2015. It is further contended that the said judgment of the Division Bench has also been affirmed by the Supreme Court whereby SLP of the State Government has been dismissed.
3. Learned counsel for the petitioners submits that the petitioners, herein, rendered more than 25-30 years of services with the respondents and at the fag end of the petitioners' services, they were regularized. The petitioners in the present writ petition have been regularized in service and rendered their services as a regular employee as is required under the Pension Rules,1979. The petitioners, in this petition, before the Court claims that their case being similarly situated as per the order dated 26.02.2015 passed by this Court in Writ Appeal No.1073 of 2012, therefore, the same benefit may also be extended by the respondentState to them in the same manner as has been directed by this Court.
4. The State counsel does not oppose the factual matrix of the case and submits that the matter is similar to the judgment passed by the Division Bench of this Court and the matter may be disposed off on similar terms.
5. Accordingly, the present writ petition stands disposed off with the direction to the respondents to consider the case of the petitioners in the light of the judgment of the Division Bench of this Court passed in Writ
Appeal No.1073 of 2012 dated 26.02.2015. In the event, if the factual matrix of the petitioners' case being identical to the appellants in the writ appeal, the petitioners also be extended the similar relief at the earliest preferably within a period of 90 days from the date of receipt of copy of this order.
Sd/- (P.Sam Koshy) J U D G E Rekha