Chhotelal Sharma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4421 of 2018

1. Chhotelal Sharma S/o Chintalal Sharma, Aged About 66 Years R/o Ward No. 4, Nayapara, Mahasamund, District Mahasamund Chhattisgarh.

2. Jagdish Ram Sahu S/o Dharam Singh Sahu, Aged About 63 Years R/o Gond Para, Behind The Shop Of Bastimal, Mahasamund, District Mahasamund Chhattisgarh.

3. Smt. Anju Nasre W/o Gajanand Nasre, Aged About 67 Years R/o Nihar Beauty Parlor, Mahasamund, District Mahasamund Chhattisgarh.

4. Smt. Kamla Bai W/o Laxman Rao, Aged About 67 Years R/o Ward No. 15 Bazar Ward, Rajeev Kirana Stores, Mahasamund, District Mahasamund Chhattisgarh.

---- Petitioners

Versus

1. State Of Chhattisgarh Through The Secretary, Urban Administration And Development Department, Mantralaya, New Raipur, District Raipur Chhattisgarh.

2. The Commissioner Cum Director, Urban Administration Directorate, New Raipur Chhattisgarh.

3. The Collector, Mahasamund, District Mahasamund Chhattisgarh.

4. The Chief Municipal Officer, Municipal Council, Mahasamund, District Mahasamund Chhattisgarh.

5. The District Treasury And Pension Department, District Mahasamund Chhattisgarh.

----Respondents For Petitioners :

Mr. Kapil Maini, Advocate For State :

Mr. Shashank Thakur, Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 06/07/2018

1. For the moment, the defaults pointed out by the Registry stands overruled.

2. With the consent of the parties, the matter was heard.

3. 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.1154111550/2016, 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.

4. 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 petitioners 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.

5. 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/- (P. Sam Koshy) Judge Ved