Samay Lal Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.4893 of 2017

1. Samay Lal Sahu S/o Rambagas, Aged About 67 Years R/o Village Ranijarod, Post Suhela, Tahsil Simga, District Balodabazar-Bhatapara, Chhattisgarh

2. Smt. Yashoda Shrivastava W/o Late Ram Kishan Shrivastava, Aged About 58 Years R/o Irrigation Colony, Patpar, Bhatapara, Tahsil Bhatapara, District Balodabazar-Bhatapara, Chhattisgarh

3. Smt. Bedan Bai Sahu W/o Late Ramlal Sahu, Aged About 58 Years R/o Village Tehak, Post Datrengi, Tahsil Bhatapara, District BalodabazarBhatapara, Chhattisgarh

4. Smt. Fulmati Bai Verma W/o Late Jagannath Verma, Aged About 52 Years R/o Village Dhaneli, Post Dhaneli, Tahsil Bhatapara, District Balodabazar-Bhatapara, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Water Resources, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur, Chhattisgarh

2. Chief Engineer, Department Of Water Resources, Mahanadi Project, Mahanadi Bhawan, New Raipur, District Raipur, Chhattisgarh

3. Executive Engineer, Department Of Mahanadi Water Resources, Division No.3, Bhatapara, District Balodabazar-Bhatapara, Chhattisgarh

4. Senior Account Officer, P.F.N.40, Office Of The Accountant General, (Account/ Pension/ Fund), Near Zero Point, Near Vidhan Sabha, Raipur, District Raipur, Chhattisgarh - Respondents For Petitioner :

Shri Ashok Patil, Advocate For Respondent/State :

Shri A. S. Kachhawaha, Additional AG For Respondent No.4 :

Shri Ramakant Pandey, Advocate Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 21/09/2017 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, upon due verification of facts, 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 Tumane