Rajeshwar Kumar Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Appeal No. 582 of 2015 Birichhlal S/o Late Itwari Lal, Aged About 45 Years R/o Village Barpali, P. S. Urga, Tahsil Kartala, District Korba (Chhattisgarh) ---- Appellant

Versus

1. State Of Chhattisgarh Through The Executive Engineer Hasdeo Barrage, Water Resources Division, Rampur, Korba Tahsil & District Korba (Chhattisgarh)

2. Sub Divisional Officer Hasdeo Left Side Canal Division No. 3, Barpali, District Korba (Chhattisgarh) ---- Respondents Writ Appeal No. 583 of 2015 Dilharan Bareth S/o Ranjan Bareth, Aged About 42 Years R/o Village Khod, P.O. Akaltara, District Janjgir Champa Chhattisgarh ---- Appellant

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Water Resources, Now Mahanadi Bhawan, Mantralaya Raipur (Chhattisgarh)

2. Executive Engineer, Hasdeo Nahar Jal Prabandh Sambhag Janjgir, District Janjgir Champa Chhattisgarh ---- Respondents Writ Appeal No. 590 of 2015 Manharan Das Manikpuri S/o Shivdas, Aged About 49 Years R/o Surya Chowk, Near Hanuman Mandir, Chingrajpara, Bilaspur, (Chhattisgarh) ---- Appellant

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Water Resources, D.K.S. Bhawan, Mantralaya, Raipur, (Chhattisgarh), Now Mahanadi Bhawan, Mantralaya, Naya Raipur, Raipur, (Chhattisgarh)

2. Mukhya Abhiyanta, Jal Sansadhan Vibhag, Raipur, (Chhattisgarh)

3. Karyapalan Abhiyanta, Hasdeo Nahar Jal Prabandh Sambhag, District Janjgir Champa, (Chhattisgarh)

4. Anuvibhagiya Adhikari, Minimata Bango Nahar, Upsambhag, Kramank 17, Bilaspur, (Chhattisgarh) ---- Respondents Writ Appeal No. 591 of 2015 Ramsai Sahu S/o Hajari Lal Sahu, Aged About 47 Years R/o Village Mudpar, P.O. Khisora, P.S. & Tahsil Nawagarh, District Janjgir Champa Chhattsigarh ---- Appellant

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Water Resources Mahandi Bhavan, Naya Raipur Chhattisgarh

2. Karyapalan Abhiyanta, Hasdeo Nahar Jal Prabandh Sambhag, Janjgir, Tehsil Janjgir District Janjgir Champa Chhattisgarh ---- Respondents Writ Appeal No.

Rajeshwar Kumar Sahu S/o Bhaiya Ram Sahu, Aged About 44 Years R/o Irrigation Colony, Old Labour Market, Near Madwarani Temple, Rampur Korba, Tahsil And District Korba (Chhattisgarh) ---- Appellant

Versus

1. State Of Chhattisgarh Through The Executive Engineer, R. B. C., Water Resources Department, Hasdeo Barrage Management Division, Rampur, Korba, District Korba Bhavan, (Chhattisgarh)

2. Sub Divisional Officer, R. B. C. Hasdeo Barrage Water Resources Department, Water Management Sub Divisional No. 2, Tahsil Katghora, District Korba (Chhattisgarh) Represented Through, Shri S. N. Singh, Aged About 55 Years, S/o Late Shri S. M. Singh, Presently Posted As Executive Engineer, Hasdeo Barrage Division, Korba, District Korba (Chhattisgarh) And Officer In Charge Of The Case ---- Respondents For Appellant :

Shri Vinod Deshmukh, Advocate.

For Respondents/State :

Shri Vinod Deshmukh, Deputy Government Advocate. Hon'ble Shri Navin Sinha, Chief Justice Hon'ble Shri P. Sam Koshy, J.

Judgment on Board Per Navin Sinha, Chief Justice 02/12/2015 1.

These five appeals arise from common order dated 14.10.2015 passed in Writ Petition (L) No. 53 of 2012 and analogous cases. 2.

The Learned Single Judge declined to interfere with the award for reinstatement holding the retrenchment to be bad but confined relief only to those who may have worked for 10 years or more. The award was modified by grant of compensation in lieu of reinstatement for those who had worked for less than 10 years. The issue has been considered in Writ Appeal No. 568 of 2015 and analogous appeals disposed on 27.11.2015.

3.

Learned Counsel for the Appellants submits that the issues being common, the present appeals may also be disposed in terms of the order dated 27.11.2015. The only difference in the present cases is that the Appellants after the award have been reinstated between the years 2009-2010.

4.

Learned Counsel for the State is not in a position to distinguish present cases from the order dated 27.11.2015.

5.

The appeals are therefore disposed in similar terms as ordered on 27.11.2015 in Writ Appeal No. 568 of 2015 and analogous appeals. Sd/- Sd/- (Navin Sinha) (P. Sam Koshy) CHIEF JUSTICE JUDGE Subbu