Kartik Ram Nishad v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6400 of 2018

1. Kartik Ram Nishad S/o. Bachchu Ram Nishad, Aged About 63 Years House No. 415, Shiv Nagar Ward, Kanker, Tahsil And District Kanker Chhattisgarh., District : Kanker, Chhattisgarh

2. Rambharos, S/o. Durjan, Aged About 66 Years Village And Post Markatola, P.S. Kotar, Tahsil And District Kanker Chhattisgarh., District : Kanker, Chhattisgarh

3. Mayaram, S/o. Jhaduram, Aged About 63 Years R/o. Village And Post Dhanelikanhar, Tahsil And District Kanker Chhattisgarh., District : Kanker, Chhattisgarh

4. Budh Ram Netam, S/o. Rahipal Netam, Aged About 64 Years House No. 180, Ward No. 6, Pandarwahi, Kanker, District Kanker Chhattisgarh., District : Kanker, Chhattisgarh

5. Nagendra Pal Yadav, S/o. Manrakhan Lal Yadav, Aged About 64 Years R/o. 44, Bhandari Para, Kanker, District Kanker Chhattisgarh., District : Kanker, Chhattisgarh ---- Petitioner

Versus

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

2. Engineer In Chief, Water Resources Department, Sinhawa Bhawan, Raipur Chhattisgarh., District : Raipur, Chhattisgarh

3. Chief Engineer, Mahanadi Project Circle Jagdalpur District Jagdalpur Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh

4. Executive Engineer, Water Resources Department Division No. 2, Kanker District North Bastar Kanker Chhattisgarh., District : Kanker, Chhattisgarh

5. Joint Director, Treasury, Accounts And Pension, Kanker, District North Bastar Kanker Chhattisgarh., District : Kanker, Chhattisgarh ----Respondents For Petitioner :

Shri Vikram Dixit, Advocate For State :

Shri DK Wankhede, 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 played heavy reliance on the circular dated 26/05/2018 and 23/08/2018 issued by the Finance Department, Government of Chhattisgarh in this regard.

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. 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