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High Court Of ChhattisgarhWA/630/2015disposed off

Dhan Singh Yadav v. State Of Chhattisgarh

2015-12-10Hon'Ble The Chief Justice,Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Appeal No.630 of 2015 Dhan Singh Yadav, S/o Shri Visheshar Yadav, aged about 42 years, R/o Mahamandpur, Post Bargawan, Via Akaltara, District JanjgirChampa, Chhattisgarh ---- Appellant versus

1. State of Chhattisgarh through the Secretary, Department of Water Resources Mahanadi Bhawan, Mantralaya, Naya Raipur, Chhattisgarh

2. State of Chhattisgarh, through the Superintending Engineer, Arpa Project Division, Rampur, Korba, District Korba, Chhattisgarh

3. State of Chhattisgarh, through the Executive Engineer, Hasdeo Canal Water Management Division, Janjgir, District Janjgir-Champa, Chhattisgarh ---- Respondents For Appellant : Shri Vinod Deshmukh, Advocate For State/Respondents : Shri U.N.S. Deo, Government Advocate Hon'ble Shri Navin Sinha, Chief Justice Hon'ble Shri Justice P. Sam Koshy Judgment on Board Per Navin Sinha, Chief Justice 10/12/2015 1.

This appeal arises from order dated 14.10.2015 passed in Writ Petition (L) No.55 of 2012.

2.

The Learned Single Judge declined to interfere with the award for reinstatement holding the retrenchment to be bad but confined relief only to those who may have worked for 10 years or more. The award was modified by grant of compensation in lieu of reinstatement for those who had worked for less than 10 years. The issue has been considered in Writ Appeal No.568 of 2015 and analogous appeals disposed on 27.11.2015. 3.

Learned Counsel for the Appellant submits that the issues being

common, the present appeal may also be disposed in terms of the order dated 27.11.2015. The only difference in the present case is that the Appellant after the award has been reinstated in the year 2009. 4.

Learned Counsel for the State is not in a position to distinguish the present case from the order dated 27.11.2015. 5.

The appeal is therefore disposed in similar terms as ordered on 27.11.2015 in Writ Appeal No.568 of 2015 and analogous appeals. Sd/- Sd/- (Navin Sinha) (P. Sam Koshy) CHIEF JUSTICE JUDGE Gopal