D.D.Vaishnav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3379 of 2017 D.D.Vaishnav S/o Shri Nanku Das Vaishnav Aged About 68 Years Retired Labour, R/o Village And Post- Andhiyarkhor, Tahsil And P.S. Nawagarh, District- Bemerata, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through- The Chief Secretary, Water Resource Department, Mahanadi Bhawan, New Mantralaya, District Raipur, Chhattisgarh

2. The Engineer-In-Chief, Water Resource Department, Government Of Chhattisgarh, Near Raj Bhawan, Raipur, District Raipur, Chhattisgarh

3. The Superintending Engineer, Water Resources Department, Durg Division, Durg, District Durg, Chhattisgarh

4. The Executive Engineer, Water Resources Department, Durg Division, Durg, District Durg, Chhattisgarh

5. The Sub Divisional Engineer, Water Resources Department, Sub Division Bemetara, Saja Tahsil & District- Bemetara, Chhattisgarh ---- Respondent Shri Dashrath Prajapati, counsel for the petitioner/s. Shri Chandresh Shrivastava, Panel Lawyer for the State. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 27/07/2017 Heard.

1. Learned counsel for the parties would jointly and fairly submit that the matter in issue is covered by the common order dated 26.2.2015 passed by the Division Bench of this Court in WA No.281 of 2013 (Lakhanram Sahu and others Vs. State of Chhattisgarh and others) and other connected writ appeals. Against the said order, the State travelled up to the Supreme Court by filing SLP (C)Nos.11541-11550/2016, which have been dismissed by the Supreme Court, affirming the order passed by the Division Bench of this

Court. They would pray that this writ petition may also be allowed in the same terms.

2. In view of the above joint statement made, the present writ petition is also allowed in terms of the common order dated 26.2.2015 passed by the Division Bench of this Court in WA No.281 of 2013 (Lakhanram Sahu and others Vs. State of Chhattisgarh and others) and other connected writ appeals. Let the current pension of the petitioner be calculated and payment commenced preferably within a period of four weeks from the date of receipt and/or presentation of a copy of this order and the arrears to be paid within a period of 12 months from the date current pension starts.

3. A copy of the order dated 26.2.2015 passed in WA No.281 of 2013 (Lakhanram Sahu and others Vs. State of Chhattisgarh and others) and other connected writ appeals, be made a part of this record. Sd/- (Manindra Mohan Shrivastava) Judge Deepti