Ghasiyadas v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3320 of 2020 • Ghasiyadas S/o Shri Makhan Das, Aged About 66 Years R/o Village And Post Hati, Tahsil Dharamjaigarh, P.S. Chhal District Raigarh Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, (Resham Department) Rural Industries Mantralay, Mahanadi Bhawan, Atal Nagar, District New Raipur Chhattisgarh, District : Raipur, Chhattisgarh

2. The Director, Directorate Of Rural Industries, (Resham Department) Chhattisgarh, Indrawati Bhawan, Block-1, 4th Floor, Atal Nagar, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

3. Joint Director, (Resham), Circuit House Road, Urdana, District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

4. Joint Director, Treasury, Account And Pension, Bilaspur, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ---- Respondents For Petitioner :

Ms. Laxmeen Sharma, Advocate For State :

Ms. Akansha Jain, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order 21-08-2020

1. Learned counsel for the petitioner submits that the petitioner joined the services as a contingency employee in the year 1986 and thereafter he was regularized by order dated

27.09.2008 (Annexure P/3) and subsequently he was superannuated on 31-12-2018 from his services. He would further submit that the petitioner is entitled for pension and arrears, however, the same is not being paid to the petitioner. It is stated that the issue is covered by the judgment passed by the coordinate Bench of this Court in WPS No. 6722 of 2019 dated 02.09.2019.

2. Learned State counsel does not object to the fact that the issue is covered by the judgment passed in WPS No. 6722 of 2019 (Annexure P-8).

3. This Court in WPS No. 6722 of 2019 dated 02.09.2019 has passed the following orders:-

2. 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.

3. 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.

4. 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.

4. It is ordered accordingly, the ratio laid in the aforesaid case may also be applicable to the issue in hand. The respondent authorities shall verify the service record of the petitioner and after verification if he is found to be entitled, then the pension and arrears may be granted to him accordingly.

5. With the aforesaid observation/direction, the writ petition stands disposed of.

Sd/- (Goutam Bhaduri) Judge Raju