Punit v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3412 of 2021 1.

Punit S/o Gopal Sahu Aged About 70 Years R/o VillageKhairjhiti,post- Jamgaon, P.S.- Rajim, District- Gariyaband, Chhattisgarh 2.

Smt. Jamuna Bai W/o Peeluram Aged About 70 Years R/o Village And Post- Sargod, P.S.- Rajim, District- Gariyaband, Chhattisgarh 3.

Girdhar Ram Yadav S/o Sukaluram Aged About 67 Years R/o Village- Rajim, P.S.- Rajim, District- Gariyaband, Chhattisgarh ---- Petitioners

Versus

1.

State Of Chhattisgarh Through The Secretary, Public Works Department, Mahanadi Bhawan, Mantralaya, New Raipur, Chhattisgarh., 2.

The Engineer- In- Chief Public Works Department, Atal Nagar, Nawa Raipur, Chhattisgarh 3.

The Chief Engineer Public Works Department, Nawa Raipur, District- Raipur,Chhattisgarh 4.

The Executive Engineer Public Works Department, Division Gariyaband, District- Gariyaband, Chhattisgarh. 5.

The Sub-Divisional Officer Public Works Department, Sub- Division, Rajim, District- Gariyaband, Chhattisgarh.

6.

Joint Director Treasury, Accounts And Pension, Raipur,districtRaipur, Chhattisgarh ----Respondents For Petitioner :

Ms. Nupoor Sonkar, Advocate For State :

Mr. Ayaz Naved, G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 08/07/2021 1.

Counsel for the petitioners submits that the writ petition has been filed seeking for a direction to the respondents to consider the period during which the petitioners have rendered their services as daily wage employee for the purpose of counting the length of service for receiving the pensionary benefits.

2.

On a query being put to the counsel for the petitioners, he was unable to show any document with which it could be established that the initial appointment of the petitioners was under the Work Charged Contingency Establishment. According to the petitioners, for the said period during which they have rendered their services, they have already received gratuity and therefore for the purpose of grant of pension also the said period should also be counted. 3.

Without expressing any opinion on the merits of the case and also subject to verification of the facts whether the initial appointment of the petitioners falls under the Work Charged Contingency Paid Employees Pension Rules or not. The respondents shall take a decision keeping in view the judgment of the Division Bench of this Court rendered in the case of "Lakhanram Sahu and others Vs. State of Chhattisgarh and others" WA No.281 of 2013, decided on 26.02.2015. Let an appropriate decision be taken in this regard at the earliest preferably within a period of 90 days from the date of receipt of the copy of this order.

4.

With the aforesaid observations, the present writ petition stands disposed of.

Sd/- (P. Sam Koshy) Judge Ved