Phulsingh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 8768 of 2019 • Phulsingh, S/o Shri Hemsingh, Aged About 64 Years, R/o Village Kartali, Post Pali, Tahsil Kartala, District Korba, Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh, Through The Secretary, (Resham Department) Rural Industries Mantralay, Mahanadi Bhawan, Atal Nagar District New Raipur, Chhattisgarh.

2. The Director Directorate Of Rural Industries, (Resham Department) Chhattisgarh, Indrawati Bhawan, Block-1, 4th Floor, Atal Nagar, District Raipur, Chhattisgarh.

3. Assistant Director (Resham), Kosabadi Parisar Korba, District Korba, Chhattisgarh.

4. Joint Director Treasury, Account And Pension, Bilaspur, District Bilaspur, Chhattisgarh.

---- Respondents For Petitioner :

Ms. Varsha Sharma, Advocate For Respondents/ State :

Smt. Deepti Shukla, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 23/10/2019

1. Learned counsel for the petitioner contends that the petitioner joined the services on 15.01.1979 thereafter he was regularized by order dated 27.09.2008 and subsequently retired in 2015. It is stated that the issue is covered by the judgment passed by the coordinate Bench of this Court in WPS No. 6722 of 2019 dated 02.09.2019.

2. Learned State counsel do not object to the fact that the issue is covered by

the judgment passed in WPS No. 6722 of 2019 (Annexure P-8).

3. This Court in WPS No. 6722 of 2019 dated 02.09.2019 has passed the following orders:-

2. Learned counsel for the parties would jointly and fairly submit that the matter in issue is covered by the common order dated 26.2.2015 passed by the Division Bench of this Court in WA No.281 of 2013 (Lakhanram Sahu and others Vs. State of Chhattisgarh and others) and other connected writ appeals. Against the said order, the State travelled up to the Supreme Court by filing SLP (C) Nos.11541-11550/2016, which have been dismissed by the Supreme Court, affirming the order passed by the Division Bench of this Court. They would pray that this writ petition may also be allowed in the same terms.

3. In view of the above joint statement made, the present writ petition is also allowed in terms of the common order dated 26.2.2015 passed by the Division Bench of this Court in WA No.281 of 2013 (Lakhanram Sahu and others Vs. State of Chhattisgarh and others) and other connected writ appeals. Let the current pension of the petitioner be calculated and payment commenced preferably within a period of four weeks from the date of receipt and/or presentation of a copy of this order and the arrears to be paid within a period of 12 months from the date current pension starts.

4. A copy of the order dated 26.2.2015 passed in WA No.281 of 2013 (Lakhanram Sahu and others Vs. State of Chhattisgarh and others) and other connected writ appeals, be made a part of this record.

4. It is ordered accordingly, the ratio laid in the aforesaid case may also be applicable to the issue in hand.

Sd/- Goutam Bhaduri Judge Jyoti