High Court Of ChhattisgarhWPS/4447/2018disposed off

Arun Kumar Bhanadkkar v. State Of Chhattisgarh

2018-09-25Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4447 of 2018 Arun Kumar Bhanadkkar S/o Late Shri Sadashiv Rao Bhanadkkar, Aged About 63 Years R/o 69/881, Shanti Vihar Colony, Police Station D. D. Nagar, 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. Bhaskar Payashi, Advocate For State :

Mr. R.K. Gupta, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 25/09/2018

1. The claim of the petitioner is for grant of retiral benefits and pensionary benefits counting the services rendered by the petitioner as a daily wage employee prior to his regularization.

2. The petitioner in the instant case was initially appointed in the year 1982 and in due course of time was regularized on 16.04.1990 and finally stood superannuated on 31.08.2017.

3. The respondents for the purpose of granting the retiral dues have taken the service subsequent to his retirement, whereas the State Government in the recent on 23.08.2018 have issued a circular wherein they have taken a decision for counting the services of a

daily wage employee engaged prior to 01.01.1989 for the purpose of pension and retiral benefits.

4. Given the facts and circumstances of the case, let the respondents No.2 & 3 take a decision, so far as the pensionary benefits are concerned, which the petitioner would be entitled for keeping in view the circular dated 23.08.2018 passed by the Finance Department, Government of Chhattisgarh.

5. Let the petitioner make a suitable representation in this regard to the respondents No.2 & 3 within a period of two weeks from the date of receipt of certified copy of this order and on such representation being made supported with all relevant documents, the authorities would take a decision keeping the aforementioned circular in mind within a further period of 90 days.

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

Sd/- (P. Sam Koshy) Judge Ved