Ramakant Pandey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4426 of 2018 Ramakant Pandey S/o Shri Indranath Pandey, Aged About 63 Years R/o G-66, Irrigation Colony, Shanti Nagar, Police Station Civil Lines, Civil And Revenue District Raipur Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary, Water Resources Department, Capital Complex, Mahanadi Bhawan, New Raipur, Police Station Rakhi, Civil And Revenue District Raipur Chhattisgarh.

2. Engineer In Chief, Water Resources Department, Raipur, District Raipur Chhattisgarh.

3. Chief Engineer, Water Resources Department, Raipur District Raipur Chhattisgarh.

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

Mr. Rohitashva Singh, Advocate For State :

Mr. Dheeraj Wankhede, Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 28/09/2018

1. The claim of the petitioner in the present writ petition is for granting of retiral dues by counting the services rendered by the petitioner as a daily wage employee prior to his regularization as qualifying service for the pension and other benefits.

2. The petitioner in the instant case was initially appointed in the year 1979 and in between the services of the petitioner stood regularized on 28.04.1990 and finally he stood superannuated on 31.03.2017. For the purpose of grant of retiral dues and pensionary benefits, only the services of the petitioner, subsequent to the regularization has been taken into account.

3. The counsel for the petitioner referred to the circular dated 26.05.2018 as also the latest circular of the State Government dated 23.08.2018, wherein the decision has been taken by the Finance Department of the Government of Chhattisgarh to take the services rendered of those persons, who have joined the services prior to 1989 as daily wagers as qualifying service for the purpose of counting their pension and retiral dues.

4. The circulars of the State Government dated 26.05.2018 and 23.08.2018 are not disputed by the counsel for the respondents.

5. Given the facts, let the petitioner approach the respondent No.2 in this regard by making a detailed representation supported with all relevant documents and the circulars of the State Government within a period of three weeks from the date of receipt of certified copy of this order and the State Government in turn shall decide the representation within a further period of 60 days from the date of receipt of the representation of the petitioner in accordance to the circulars of the State Government in this regard.

6. With the aforesaid observations, the writ petition stands disposed off.

Sd/- (P. Sam Koshy) Judge Ved