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High Court Of ChhattisgarhWPS/7105/2018disposed off

Chhattar Singh Thakur v. State Of Chhattisgarh

2018-10-27Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7105 of 2018 Chhattar Singh Thakur S/o Late Shri Bhuneshwar Singh, Aged About 63 Years, R/o Saja, Purana Bazar Chowk, Saja, Post And Tahsil- Saja, District- Bemetara Chhattisgarh.

---Petitioner

Versus

1. State Of Chhattisgarh, Through- Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Mantralaya, Naya Raipur, District- Raipur, Chhattisgarh.

2. Directorate, Department Of Urban Administration And Development, Through- Its Director, Department Of Urban Administration And Development, Indravati Bhawan, Mantralaya, Naya Raipur, DistrictRaipur (Chhattisgarh).

3. Nagar Panchayat, Saja, Through- Chief Municipal Officer, Nagar Panchayat, Saja, District- Bemetara (Chhattisgarh). ---Respondents For petitioner :

Shri Sourabh Sharma, Advocate.

For State :

Shri S.P.Kale, Dy.A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 27/10/2018 1.

In the instant Writ Petition, the petitioner was working under the respondent No.3 Nagar Panchayat, Saja on the post of Safai Daroga and - he retired from service on 30/04/2016.

2.

The petitioner was initially appointed in the year 1981 and subsequently regularized vide order dated 06/05/2008 and as such has worked as regular employee for a period of about 8 years.

3.

The prayer made by the petitioner in the instant Writ Petition is for issuance of direction to the respondents to grant pensionary benefits to the

petitioner by taking into account the service rendered by him prior to his services being regularized with the State Government i.e. the period of service rendered by him as a Daily Wage Worker. 4.

The counsel for the petitioner 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.

5.

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 petitioner. 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. 6.

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

7.

The Writ Petition accordingly stands allowed and disposed off. Sd/- (P. Sam Koshy) Sumit JUDGE