High Court Of ChhattisgarhWPS/3655/2017allowed

Riyaz Ali Ansari v. State Of Chhattisgarh

2017-08-08Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT of CHHATTISGARH, BILASPUR WPS No.3655 of 2017 Riyaz Ali Ansari S/o Late Md. Jaheeruddin Ali, Aged About 62 Years Retired Time Keeper, Office Of The Sub Divisional Officer, Public Works Department, Sub Division-1, Bilaspur, District Bilaspur, Chhattisgarh.

---- Petitioner

Versus

1. State of Chhattisgarh Through Secretary, Public Works, Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Chhattisgarh.

2. Superintendent Engineer, Public Works Department Bilaspur, Division Bilaspur, Chhattisgarh.

3. Executive Engineer , Public Works Department Dividion No 1 Bilaspur Chhattisgarh.

4. Joint Director, Treasury Accounts & Pension, Raipur Division, Bilaspur, Chhattisgarh.

---- Respondents For Petitioner :

Shri CJK Rao, Advocate.

For respondents/State :

Shri AS Kachhwaha, Addl. AG.

SB: Hon'ble Shri Justice P. Sam Koshy Order On Board 08/08/2017

1. The case of the petitioner is that the petitioner has retired as Contingency Paid Employee and had pensionable service, but the respondents have not granted any pension on his retirement.

2. The counsel for the petitioner submits that the issue involved in the case has already been decided by the Division Bench of this High Court in Writ Appeal No. 281/2013 and other connected appeals in the case of Lakhan Ram Sahu & others vs. State of Chhattisgarh and others. The decision of the Division Bench has also been affirmed by the Supreme Court while rejecting the appeal preferred by the State.

3. In view of the same, this Court is also inclined to dispose of the

present writ petition directing that the respondents shall scrutinize the case of the petitioner and in the event if the petitioner is found similarly placed in terms of the directions given by the Division Bench of this Court in Writ Appeal No.281/2013 in its order dated 26.02.2015, the petitioner shall also be granted similar benefits as has been granted to other similarly placed persons.

4. Accordingly, the present writ petition stands disposed of. Sd/- (P. Sam Koshy) Judge inder