Goverdhan Singh Sonwani v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS NO. 343 OF 2021 Goverdhan Singh Sonwani, S/o Late Sukhram, aged about 67 years, R/o Village and Post Kathiya No.2, Police Station Navapara, Tahsil Abhanpur, District Raipur (CG) ... Petitioner versus 1.

State of Chhattisgarh, Department of Water Resources, Capital Complex, New Raipur, District Raipur (CG) 2.

Chief Engineer, Department of Water Resources, Shankar Nagar, Raipur, District Raipur (CG) 3.

Executive Engineer, Mahanadi Jalasay Pariyojna No.1, Raipur, District Raipur (CG) 4.

Joint Director, Kosh Lekha Avam Pension, Raipur Division, Raipur, District Raipur (CG) ... Respondents For Petitioner :

Mr. Syed Ishhadil Ali, Advocate.

For Respondents/State :

Mr. Kapil Maini, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board /02/2021 1.

With the consent of learned Counsels for the parties, heard the matter finally on admission stage itself.

2.

The defaults pointed out by the Registry of this Court in the instant case stand ignored as of now.

3.

The limited relief that the Petitioner has sought for in the present Writ Petition is for appropriate direction to Respondents to consider his claim so far as counting of service rendered by him as daily wage employee for the purpose of pension is concerned.

4.

Learned Counsel for Petitioner submits that the Petitioner initially was engaged as a daily wage employee in the year 1981 and in due course of time the Respondents had regularised the service of Petitioner in the year 1993 and Petitioner worked with Respondents till his attaining the age of superannuation and he retired from service in the year 2015. Learned Counsel for Petitioner further submits that for the purpose of counting the pensionable service of Petitioner, the Respondents have only taken into account the regular service rendered by Petitioner between 1993 to 2015, whereas they ought to have been taken into account the continuous service rendered by Petitioner as daily wage

employee as well. Learned Counsel for Petitioner relies upon the Circular No. 8/2018, dated 28.2.2018 which has been issued by the Finance Department, Government of Chhattisgarh, dealing with the said issue. 5.

Given the said facts and circumstances of the case, the present Writ Petition at this juncture is disposed of directing the Respondents to take a decision on the claim of Petitioner in accordance with the rules and policies governing the field, at the earliest, preferably within a period of 90 days from the date of receipt of copy of this order.

6.

Writ Petition accordingly stands disposed of with the aforesaid direction. Sd/- (P. Sam Koshy) /sharad/ JUDGE