← Library
High Court Of ChhattisgarhWPS/6371/2018disposed off

Girdharilal Verma v. State Of Chhattisgarh

2018-09-27Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6371 of 2018

1. Girdharilal Verma S/o Late Shri Sejuram Verma, Aged About 71 Years R/o Village Nandori, Post Janjgiri, Bmy Charouda, District Durg Chhattisgarh.

2. Ganja Prasad, S/o Late Shri Prahlad, Aged About 63 Years R/o Village Aheri, Post Dhaur, Block Jamul, District Durg Chhattisgarh.

3. Kumari Bai Chouhan, W/o Late Kumar Singh Chouhan, Aged About 55 Years R/o Village Somani, Bhilai-3, District Durg Chhattisgarh.

4. Abdul Kalam, S/o Late Shri Sattar Khan, Aged About 63 Years R/o Village Ward No. 2, Mathpara, Block Jamul, District Durg Chhattisgarh. ---- Petitioners

Versus

1. State Of Chhattisgarh Through Its Secretary, Urban Administration And Development Department, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. Chief Municipal Officer, Municipal Council Jamul, Durg, District Durg Chhattisgarh., District : Durg, Chhattisgarh ----Respondents For Petitioners :

Shri Ajay Shrivastava, Advocate For State :

Shri Adhiraj Surana, Dy. Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 27/09/2018

1. The prayer made by the petitioners in the instant Writ Petition is for issuance of direction to the respondents to grant pensionary benefits to the petitioners by taking into account the service rendered by them prior to their services being regularized with the State Government i.e. the period of service rendered by them as a Daily Wage Worker.

2. The counsel for the petitioners placed heavy reliance on the circular dated 26/05/2018 and 23/08/2018 issued by the Finance Department, Government of Chhattisgarh in this regard whereby the State has accepted the fact that past service rendered by daily wage employees who have subsequently been regularized in the Govt. department, their past service rendered as daily wage employee would be considered for the purpose of granting pensionary benefit.

3. Considering the limited grievance of the petitioner, this Court does not intend to keep the Writ Petition pending, rather ends of justice would meet if the Writ Petition is disposed off with a direction to the respondent No.1 to take a decision in respect of the claim of the petitioners and issue appropriate orders to the concerned department in this regard. That while doing so, the respondent No.1 may also call in for any other circulars which are applicable so far as the Daily Wage Worker are concerned, issued by the Finance Department pertaining to the subject matter.

4. Let an appropriate decision be taken in this regard within a period of 90 days from today.

5. The Writ Petition accordingly stands allowed and disposed off. Sd/- (P. Sam Koshy) Judge inder