Doman Singh Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4643 of 2018 Doman Singh Sahu S/o Late Shri Gwale Singh Sahu Aged About 57 Years R/o I. C. 1, Sahani Marg, Shankar Nagar Road, Shanti Nagar Road, District Raipur Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Water Resources, Mahanadi Bhawan, Mantralaya, Naya Raipur Chhattisgarh.

2. Chief Engineer, Mahadev Godawari Kachhar, Water Resources Department Raipur Chhattisgarh.

----Respondents For Petitioner :

Mr. R.K. Bhagat, Advocate For State :

Mr. Shashank Thakur, Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 18/07/2018

1. The grievance of the petitioner is that the services of the petitioner during the period that he was out of employment on account of an illegal termination order has not been taken into consideration for reckoning the length of service of the petitioner.

2. The issue involved in the instant case is squarely covered by the Division Bench decision of this Court rendered in WPS No. 1703/2015 and other analogous writ petitions, which stood decided on 16.05.2017 whereby the Division Bench of this Court has categorically held that the break in service on account of an illegal termination order which ultimately stood set-aside would have to be for all practical purposes reckoned as period spent on duty.

3. Given the aforesaid decision of Division Bench of this Court, the present writ petition also deserves to be and is accordingly allowed on

the same terms and it is directed that the respondents shall treat the services of the petitioner as uninterrupted from the date of appointment till date.

4. The writ petition accordingly stands allowed. Sd/- (P. Sam Koshy) Judge Ved