Jainarayan Rathore v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.7263 OF 2019

1. Jainarayan Rathore S/o Rajnath Singh Rathore Aged About 61 Years Posted As Amin At Janjgir Sakha Nahar, R/o Q-Q-A/1 16 Purani Sichai Colony, District - Janjgir Champa, Chhattisgarh.

2. Ranbhaiya Singh S/o Ishwar Singh Aged About 62 Years Posted As Amin At Janjgir Sakha Nahar, R/o Q-A/1 16, Purani Sichai Colony, District - Janjgir Champa, Chhattisgarh.

3. Dwarika Prasad Sahu S/o Bahadur Lal Sahu Aged About 64 Years R/o Bodsara Chouky Naila, Tahsil - Janjgir, District - Janjgir Champa, Chhattisgarh.

...Petitioner(s)

Versus

1. State of Chhattisgarh Through The Secretary, Department Of Water Resources, Mahanadi Bhawan Mantralaya, Capital Complex, Atal Nagar, Naya Raipur, District - Raipur, Chhattisgarh.

2. Engineer-In-Chief Water Resources Department Project, Raipur, District - Raipur, Chhattisgarh.

3. Chief Engineer Mahanadi Godawari Kachar Project, Janjgir, District - Janjgir Champa, Chhattisgarh.

4. Superintending Engineer Water Resource Department, Janjgir, District - Janjgir Champa, Chhattisgarh.

5. Executive Engineer Water Resources Department, Water Management Division - No. 1, Janjgir, District - Janjgir Champa, Chhattisgarh/

6. Joint Director Accounts Treasury and Pension Raipur, District - Raipur, Chhattisgarh.

... Respondent(s) For Petitioners :

Ms. Sharmila Singhai, Advocate.

For Respondent-State :

Shri Jitendra Pali, Dy. Advocate General.

Hon'ble Shri Justice P. Sam Koshy Order on Board 16.09.2019

1. The limited prayer which the petitioner has made in the present writ petition is for an appropriate direction to the respondents to consider and decide the representation of the petitioners seeking counting of services rendered as daily wage employee by each of the petitioners for the purpose of counting the total length of serving while determining the pension.

2. The prayer is not opposed by the State counsel, however, has raised his doubts so far as counting of services rendered as daily wage employee in the absence of any rule provision.

3. Without expressing any opinion on the merits of the case, in addition to the representation, if any, that has been made by the petitioners, let the petitioners make fresh representation within a period of four weeks in respect of their specific claim supported with all relevant circulars of the State Govt. in this regard and also the rule provision as it stands so far as counting of the services rendered as daily wage employee by the petitioners for the purpose of calculating the total length of service. Subject to making representation within the time granted, the respondents No.2 to 4 are directed to take a decision on the said representation preferably within a period of four months from the date of receipt of representation.

4. The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge inder