Kirit Ram Sahu v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2666 of 2016 Firtu Ram Sahu S/o Late Shri Radheyshyam Sahu, Aged About 46 Years Working As Sthal Sahayak, In Office Of Sub Divisional Officer, Water Resources Department, Sub Division No. 2, Kota, Tah. Kota, District Bilaspur (Chhattisgarh)
Versus
1. State Of Chhattisgarh Through Secretary, Water Resources
2. Engineer In Chief, Water Resources Department, Sihawa Bhavan,
3. Chief Engineer, Water Resources Department, Hasdeo Kachar, Bilaspur, District Bilaspur (Chhattisgarh)
4. Executive Engineer, Water Resources Department, Division Kota, WPS No. 2706 Of 2016 Suresh Kumar Chandravanshi S/o Late Shri Jairam Chandravanshi, Aged About 56 Years Working As Field Assistant, Water Resources Department, Hasdeo Canal, Water Management Division, Janjgir, Canal Sub Division No.1, Sioni, Champa, District Janjgir Champa, (Chhattisgarh)
1. State Of Chhattisgarh Through Secretary, Water Resources Department, Mahanadi Bhavan, Naya Raipur, District Raipur,
WPS No. 2707 Of 2016 Ghanshyam Patel S/o Shri Jagguram Patel, Aged About 51 Years Working As Watchman, Water Resources Department, Hasdeo Canal Water Management Division, Janjgir, Canal Sub Division No.1, Sioni, Champa, District Janjgir Champa, (Chhattisgarh)
1. State Of Chhattisgarh Through Secretary, Water Resources Department, Mahanadi Bhavan, Naya Raipur, District Raipur, WPS No. 2725 Of 2016 Arun Kumar Pathak S/o Shri Suphal Prasad Pathak, Aged About 58 Years Working As Field Assistant, Water Resources Department, C.B.C. Sub Division No. 1, Sioni, District Janjgir Champa Chhattisgarh
1. State Of Chhattisgarh Through Secretary, Water Resources Department Mahanadi Bhawan, Naya Raipur District Raipur Chhattisgarh
WPS No. 2668 Of 2016 Jagdish Baiga S/o Shri Ramcharan Baiga, Aged About 54 Years Working As Watchman, Water Resources Department, Survey And Barrage Construction Division No. 2, Champa, District Janjgir Champa (Chhattisgarh)
1. State Of Chhattisgarh Through Secretary, Water Resources
4. Executive Engineer, Water Resources Department, Survey And Barrage Construction Division No. 2, Champa, District Janjgir Champa (Chhattisgarh) WPS No. 2669 Of 2016 Chandrika Prasad Soni S/o Late Shri Lakhan Prasad Soni, Aged About 55 Years Working As Field Assistant, Water Resources Department, Survey And Barrage Construction, Sub Division No. 6, Champa, District Janjgir Champa (Chhattisgarh)
1. State Of Chhattisgarh Through Secretary, Water Resources
4. Executive Engineer, Water Resources Department, Survey And Barrage Construction Division No. 2, Champa, District Janjgir Champa (Chhattisgarh) WPS No. 2825 Of 2016 Smt. Tripati Mukharjee W/o S. K. Mukharjee, Aged About 52 Years Working On The Post Of Wireless Operator, Forest Division Balod, District Balod (Chhattisgarh)
1. State Of Chhattisgarh Through Secretary, Department Of Forest, Mahanadi Bhawan, New Raipur, District Raipur (Chhattisgarh)
2. Principal Chief Conservator Of Forest, Department Of Forest, Head Quarter, Jail Road, Raipur District Raipur (Chhattisgarh)
3. Conservator Of Forest, Forest Circle Durg, District Durg
4. Divisional Forest Officer, Forest Division Balod, District Balod WPS No. 2670 Of 2016 Nain Singh Kshatri S/o Late Shri Jhul Singh Kshatri, Aged About 49 Years Working As Field Assistant, Water Resources Department, Hasdeo Cananl Water Management Division, Janjgir, Canal Sub Division No. 1, Sioni, Champa, District Janjgir Champa
1. State Of Chhattisgarh Through Secretary, Water Resources WPS No. 2827 Of 2016 Sapan Kumar S/o A. K. Bhattacharya, Aged About 60 Years Working On The Post Of Forest Guard, South Forest Division Kondagaon, District Kondagaon, (Chhattisgarh)
1. State Of Chhattisgarh Through Secretary, Department Of Forest, Mahanadi Bhawan, New Raipur, District Raipur, (Chhattisgarh)
2. Principle Chief Conservator Of Forest, Department Of Forest, Head Quarter, Jail Road Raipur, District Raipur, (Chhattisgarh)
3. Conservator Of Forest, Forest Circle, Kanker, District Kanker,
4. Divisional Forest Officer, Forest Division, Kondagaon, District Kondagaon, (Chhattisgarh) WPS No. 2726 Of 2016 Radheyshyam Sahu S/o Shri Bhujuram @ Mujuram Sahu, Aged About 57 Years Working As Watchman Water Resources Department, Hasdeo Canal Water Management Division, Janjgir, Canal Sub Division No 1, Sioni, Champa, District Janjgir Champa
Chhattisgarh
1. State Of Chhattisgarh Through The Secretary, Water Resources Department, Mahanadi Bhawan, Mantralaya, Naya Raipur Chhattisgarh WPS No. 2672 Of 2016 Santosh Kumar Dewangan S/o Late Shri Ramlal Dewangan, Aged About 50 Years Working As Head Majdoor ( Mat ), In The Office Of Sub Divisional Officer, Water Resources Department, Ghongha Shirsha Karya, Sub Division, Kota, Tah. - Kota, District - Bilaspur ( Chhattisgarh )
1. State Of Chhattisgarh Through - Secretary, Water Resources Department, Mahanadi Bhavan, Naya Raipur, District - Raipur ( Chhattisgarh )
2. Engineering In Chief, Water Resources Department, Sihawa Bhavan, Raipur , District Raipur ( Chhattisgarh)
3. Chief Engineer, Water Resources Department, Hasdeo Kachar, Bilaspur, District - Bilaspur ( Chhattisgarh )
4. Executive Engineer, Water Resources Department, Division Kota District - Bilaspur ( Chhattisgarh ) Raipur ( Chhattisgarh )
WPS No. 2833 Of 2016 Smt. Meeta Agrawal W/o Manoj Agrawal, Aged About 50 Years Working On The Post Of Wireless Operator, South Forest Division Kondagaon, District Kondagaon (Chhattisgarh)
1. State Of Chhattisgarh Through Secretary, Department Of Forest, Mahanadi Bhawan, New Raipur, District Raipur (Chhattisgarh)
2. Principal Chief Conservator Of Forest, Department Of Forest, Head Quarter, Jail Road, Raipur District Raipur (Chhattisgarh)
3. Conservator Of Forest, Forest Circle Kanker, District Kanker
4. Divisional Forest Officer, Forest Division Kondagaon, District Kondagaon (Chhattisgarh) WPS No. 2674 Of 2016 Kamal Prasad Yadav S/o Shri Kunram Yadav, Aged About 60 Years Working As Watchman, Water Resources Department, J. B. C. Sub Division No. 3, Birra, District - Janjgir - Champa ( Chhattisgarh )
1. State Of Chhattisgarh Through - Secretary, Water Resources ( Chhattisgarh )
2. Engineering In Chief, Water Resources Department Sihawa Bhavan, Raipur, District Raipur ( Chhattisgarh )
3. Chief Engineer, Water Resources Department, Bilaspur Division, District - Bilaspur ( Chhattisgarh ) Water Management, Division, Janjgir, District - Janjgir - Champa ( Chhattisgarh ) Raipur ( Chhattisgarh )
WPS No. 2675 Of 2016 Lochan Prasad Pandey S/o Shri Bharat Lal Pandey, Aged About 48 Years Working As Assistant Amin, Water Resources Department, Hasdeo Canal Water Management Division, Janjgir, Canal Sub Division No. 1, Sioni, Champa, District - Janjgir - Champa ( Chhattisgarh )
1. State Of Chhattisgarh Through - Secretarh, Water Resources Department, Mahanadi Bhavan, Naya Raipur, District - Raipur ( Chhattisgarh )
2. Engineering In Chief, Water Resources Department, Sihawa Bhavan, Raipur , District Raipur ( Chhattisgarh)
3. Chief Engineer, Water Resources Department, Mini Mata Bango ( Hasdeo ) Bango Project Bilaspur, District Bilaspur ( Chhattisgarh ) Water Management, Division, Janjgir, District - Janjgir - Champa ( Chhattisgarh ) Raipur ( Chhattisgarh ) WPS No. 2676 Of 2016 Laxmi Prasad Dubey S/o Late Shri Ramlal Dubey, Aged About 56 Years Working As Field Assistant, Water Resouces Department, Hasdeo Canal Water Management Division, Janjgir, District - Janjgir - Champa ( Chhattisgarh )
1. State Of Chhattisgarh Through - Secretary, Water Resources Department, Mahanadi Bhavan, Naya Raipur, District - Raipur ( Chhattisgarh )
2. Engineering In Chief, Water Resources Department Sihawa Bhavan, Raipur, District Raipur ( Chhattisgarh )
3. Chief Engineer, Water Resources Department, Bilaspur Division, District - Bilaspur ( Chhattisgarh )
Water Management, Division, Janjgir, District - Janjgir - Champa ( Chhattisgarh ) Raipur ( Chhattisgarh ) WPS No. 2683 Of 2016 Md. Habib Khan S/o Late Shri Md. Rasul Khan, Aged About 55 Years Working As Filed Assistant, Water Resources Department, Mini Mata Bango Canal Sub Division No. 2, Sioni, Champa, District Janjgir Champa Chhattisgarh
1. State Of Chhattisgarh Through Secretary, Water Resources Chhattisgarh WPS No. 2844 Of 2016 Ram Nath Dewangan S/o Pilu Ram, Aged About 53 Years Working On The Post Of Forest Guard, South Forest Division Kondagaon, District Kondagaon (Chhattisgarh)
1. State Of Chhattisgarh Through Secretary, Department Of Forest, Mahanadi Bhawan, New Raipur District Raipur (Chhattisgarh)
2. Principle Chief Conservator Of Forest, Department Of Forest,
Head Quarter, Jail Road, Raipur District Raipur (Chhattisgarh)
3. Conservator Of Forest, Forest Circle Kanker, District Kanker
4. Divisional Forest Officer, Forest Division, Kondagaon, District Kondagaon Chhattisgarh.
WPS No. 2684 Of 2016 Kirit Ram Sahu S/o Late Shri Sanyasiram Sahu, Aged About 48 Years Working As Filed Assistant, Water Resources Department, Hasdeo Canal Water Management Division Janjgir, Canal Sub Division No. 1, Sioni, Champa, District Janjgir Champa Chhattisgarh
1. State Of Chhattisgarh Through Secretary, Water Resources Chhattisgarh WPS No. 2685 Of 2016 Doman Prasad Sahu S/o Late Shri Sanyasi Ram Sahu, Aged About 54 Years Working As Sthal Sahayak In Office Of Sub Divisional Officer, Water Resources Department, Sub Division, No. 2, Kota Tahsil Kota, District Bilapsur Chhattsigarh
1. State Of Chhattisgarh Through Secretary, Water Resources
Chhattisgarh
2. Engineer In Chief, Water Resources Department, Sihawa Bhavan,
3. Chief Engineer, Water Resources Department, Hasdeo Kachar, Bilaspur, District Bilaspur (Chhattisgarh)
4. Executive Engineer, Water Resources Department, Division Kota, WPS No. 2686 Of 2016 Pyarelal Sarthi S/o Shri Kartik Ram Sarthi, Aged About 48 Years Working As Helper Water Resources Department, J.B.C. Sub Division No. 3 Birra, District Janjgir Champa Chhattisgarh
1. State Of Chhattisgarh Thorugh Secretary, Water Resources Chhattisgarh WPS No. 2687 Of 2016 Balram Sahu S/o Shri Dhanoue Ram Sahu, Aged About 46 Years Working As Watchman Water Reosurce Department, Mini Mata Bango Canal, Division No 2, Champa, Distrcit Janjgir Champa Chhattisgarh
1. State Of Chhattisgarh Thorugh Secretary, Water Resources Chhattisgarh WPS No. 2730 Of 2016 Ram Kumar Thakur S/o Madhusudan Thakur, Aged About 53 Years Working On The Post Of Forest Guard, South Forest Guard, South Forest Division Kondagaon, District Kondagaon Chhattisgarh
1. State Of Chhattisgarh Through Secretary, Department Of Forest, Mahanadi Bhawan, New Raipur, District Raipur Chhattigarh
2. Principal Chief Conservator Of Forest, Department Of Forest, Head Quarter, Jail Road, Raipur District Raipur Chhattigarh
3. Conservator Of Forest, Forest Circle Kanker, District Kanker Chhattisgarh
4. Division Forest Officer, Forest Divison Kondagaon, District Kondagaon Chhattisgarh WPS No. 2688 Of 2016 Pramod Kumar Yadav S/o Late Shri Bhagwat Prasad Yadav, Aged About 52 Years Working As Sthal Sahayk Water Resources Department, Survey And Barrage Construction Sub Divison And
Barrage Construction Sub Division No 6, Champa District Janjgir Champa Chhattisgarh
1. State Of Chhattisgarh Thorugh Secretary, Water Resources Chhattisgarh WPS No. 2863 Of 2016 Dilip Kumar Patel S/o Shri Panchram Patel, Aged About 56 Years Working As Watchman, Water Resources Department, Hasdeo Canal Water Management Division, Janjgir, Canal Sub Division No. 1, Sioni, Champa, District Janjgir Champa (Chhattisgarh)
1. State Of Chhattisgarh Through Secretary, Water Resources
2. Engineer In Chief, Water Resources Department, Sihawa Bhavan,
3. Chief Engineer, Water Resources Department, Bilaspur Division,
WPS No. 5357 Of 2016
1. Balduram S/o Premlal, Aged About 64 Years R/o Village & Post Pond, Police Station- Panduka, District Gariyaband,
2. Phool Singh, S/o Dayaram, Aged About 64 Years R/o Village & Post Dhawalpur, P.S. Mainpur, Tahsil & District Gariyaband,
3. Premlal, S/o Poonam Sahu, Aged About 68 Years R/o Village & Post Pond, P.S. Panduka, Tahsil Rajim, District Gariyaband,
4. Horilal Yadu, S/o Tulsiram Yadu, Aged About 68 Years R/o Village Nawapara, Police Station Chhura, District Gariyaband,
5. Budharu, S/o Ghasiya, Aged About 62 Years R/o Village Lafandi, Post Beltukri, Tahsil & P.S. Rajim, District Gariyaband,
6. Tijuram, S/o Sahasram, Aged About 67 Years R/o Village Devgaon, Post Belar, P.S. Fineshwar, Tahsil Rajim, District Gariyaband, (Chhattisgarh)
7. Sorwan, S/o Jhumuk, Aged About 70 Years R/o Village Parteva, Post Devri, Tahsil & P.S. Rajim, District Gariyaband,
8. Rameshwar, S/o Derha, Aged About 68 Years R/o Village & Post Basin, Tahsil & P.S. Rajim, District Gariyaband, (Chhattisgarh)
9. Bhagwat, S/o Kartikram Sahu, Aged About 62 Years R/o Village Chaitra, Post Parsadakala, Tahsil Rajim, District Gariyaband, 10.Hemlal Sahu, S/o Agnuram Sahu, Aged About 67 Years R/o Village Bhendri, P.S. Panduka, Tahsil Rajim, District Gariyaband, 11.Supet, S/o Sukul, Aged About 66 Years R/o Village Devgaon, Post Belar, Tahsil & P.S. Rajim, District Gariyaband 12.Smt. Geeta Bai, W/o Ramratan, Aged About 62 Years R/o Village Ravgeli, Post Loharsingh, P.S. Panduka, District Gariyaband, ---- Petitioners
1. State Of Chhattisgarh Through The Secretary, Water Resources Department, Mantralaya, New Raipur, District Raipur,
2. The Executive Engineer, Water Resources Department, Gariyaband, District Gariyaband, (Chhattisgarh)
3. The Sub Divisional Officer, Water Resources Division, Gariyaband, District Gariyaband, (Chhattisgarh) For Petitioners :
Mr. Ashok Kumar Swarnkar, Mr. F.S. Khare and Mr.Goutam Khetrapal, Advocates for the respective petitioners.
For State :
Mr. S.P. Kale, Dy. A.G.
Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 21/07/2017 Heard.
1.
These petitioners who are presently continuing in the Contingency Work Charged/Contingency Establishment in their respective departments have filed these petitions seeking a declaration and relief that they should be held entitled to pension under the Chhattisgarh (Work Charged and Contingency Paid Employees) Pension Rules, 1979 (for short "the Rules of 1979") in view of declaration of law by the Division Bench of this Court vide order dated 26.02.2015 in Writ Appeal No.281 of 2013 (Lakhanram Sahu and others Vs. State of Chhattisgarh and others). According to learned counsel for the respective petitioners, these petitioners are those contingency employees, who have completed five years of services and thus acquired temporary status as declared in the aforesaid decision.
The services rendered by these petitioners upon acquiring the temporary status, as ordered by the Division Bench, is to be reckoned for the purposes of pension and once these petitioners have acquired 10 years of service, they all become entitled for grant of pension though they are continuing in service, however, to avoid any future complication with regard to their entitlement to receive pension upon their retirement, these petitions have been filed. 2.
Learned State counsel submits that at this stage, the petitioners' apprehension is not founded on any material. He submits that once there
is an order passed by the Division Bench settling the legal position, as and when the petitioners retired from services, their entitlement to pension shall be considered as per the law declared by this Court. 3.
In view of the above statement made by learned State counsel, all these petitions are disposed off with the direction that in future whenever the petitioners retire, their claim for pension shall be considered by applying the principle laid down by the Division Bench of this Court in Writ Appeal No.281 of 2013 vide order dated 26.02.2015. Sd/- (Manindra Mohan Shrivastava) J U D G E Rekha