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High Court Of ChhattisgarhWPS/3809/2015disposed off

Sukhlal v. State Of Chhattisgarh

2015-10-27Hon'Ble Shri Justice Sanjay K. Agrawal4 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 3803 of 2015 Udal Rawat S/o Guharam Rawat aged about 63 years R/o village & Post Anandgaon P.S. Anandgaon Civil and Revenue District Bemetara (CG) ---Petitioner

Versus

1. State of Chhattisgarh through the Chief Secretary Public Works Department Mantralaya Rakhi New Raipur (CG)

2. The Engineer-In-Chief Public Works Department Government of Chhattisgarh Near Raj Bhawan Raipur District Raipur (CG)

3. The Superintending Engineer Public Works Department Raipur Division Raipur District Raipur (CG)

4. The Executive Engineer Public Works Department Tahsil and Division Bemetara District Bemetara (CG) ---Respondents Writ Petition (S) No. 3806 of 2015 Khamhan S/o Bhairam aged about 65 years R/o village Lejbara Post P.S. and Tahsil Berla Civil and Revenue District Bemetara (CG) ---Petitioner

Versus

1.

State of Chhattisgarh through the Chief Secretary Public Works Department Mantralaya Rakhi New Raipur (CG) The Engineer-In-Chief Public Works Department Government of Chhattisgarh Near Raj Bhawan Raipur District Raipur (CG) The Superintending Engineer Public Works Department Raipur Division Raipur District Raipur (CG) The Executive Engineer Public Works Department Tahsil and Division Bemetara District Bemetara (CG) Sub Divisional Officer Public Works Department Sub Division Saja District Bemetara (CG) ---Respondents Writ Petition (S) No. 3808 of 2015 Ratnu S/o Firatu Ram aged about 62 years R/o village and Post Kusmi Via Damha P.S. Damha Tahsil Civil and Revenue District Bemetara (CG)

---Petitioner

Versus

1.

State of Chhattisgarh through the Chief Secretary Public Works Department Mantralaya Rakhi New Raipur (CG) The Engineer-In-Chief Public Works Department Government of Chhattisgarh Near Raj Bhawan Raipur District Raipur (CG) The Superintending Engineer Public Works Department Raipur Division Raipur District Raipur (CG) The Executive Engineer Public Works Department Tahsil and Division Bemetara District Bemetara (CG) Sub Divisional Officer Public Works Department Sub Division Bemetara District Bemetara (CG) ---Respondents AND Writ Petition (S) No. 3809 of 2015 Sukhlal S/o Bhukau aged about 63 years R/o village Jewari Post and P.S. Bijabhat Tahsil Civil and Revenue District Bemetara (CG) ---Petitioner

Versus

1.

State of Chhattisgarh through the Chief Secretary Public Works Department Mantralaya Rakhi New Raipur (CG) The Engineer-In-Chief Public Works Department Government of Chhattisgarh Near Raj Bhawan Raipur District Raipur (CG) The Superintending Engineer Public Works Department Raipur Division Raipur District Raipur (CG) The Executive Engineer Public Works Department Tahsil and Division Bemetara District Bemetara (CG) ---Respondents For Petitioners : Mr. Rakesh Anthony, Advocate For Respondents : Mr. Yaswant Singh Thakur, Dy. Advocate General Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 27/10/2015 1.

With the consent of the learned counsel for the parties, the matters

are heard finally.

Learned counsel for the petitioners would submit that the petitioners were the employees of work charged and contingency paid establishment, having been earlier appointed as daily wagers and thereafter attained the status of temporary employee, in accordance with the Chhattisgarh (Work-Charged and Contingency Paid Employees) Pension Rules, 1979 (for short 'the Rules, 1979').

Learned counsel for the petitioners would further submit that the petitioners' past services, prior to the date of regularization, are not counted for the purposes of granting pension and as such, they have been declared ineligible for pension. Learned counsel would refer to the order passed by the Division Bench of this Court decided on 26/02/2015 in Writ Appeal No.281/13 and other connected matters, wherein this Court has held that in view of the State Government's instructions dated 02/03/2005, petitioner's temporary service be taken into account to reckon pensionable service and the appellants of the said writ appeals were held entitled to pension under the Rules, 1979.

Learned State counsel would not dispute the decision rendered by the Division bench, however, he would submit that the State Government has preferred Review Petition No.61/2015 before the Division Bench in which, notices have been issued to the other side. He would submit that based on the outcome of the review petition, the matter shall be considered by the competent authority.

In view of the above, the writ petitions are disposed of with a direction that on fresh representations being filed by the petitioners, within a period of 4 weeks, the respondents shall decide the petitioners' entitlement to

pension, depending upon and after the outcome of Review Petition No.61/2015.

Sd/- (Sanjay K. Agrawal) JUDGE Tiwari