Smt. Shaila Gaikwad v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 9024 of 2019 Smt. Shaila Gaikwad W/o Shri Mohan Gaikwad Aged About 64 Years (Working As Assistant Grade III Retired) Office Of Chief Engineer, Mahanadi Project Irrigation Department, Raipur, District Raipur, Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary Water Resources Department, Mantralaya, New Raipur, District Raipur, Chhattisgarh.

2. The Under Secretary Government Of Chhattisgarh, Water Resources Department, Mantralaya, New Raipur, District Raipur, Chhattisgarh.

3. The Engineer-In-Chief Water Resources Department, Mahanadi Project Raipur, District Raipur, Chhattisgarh.

4. The Chief Engineer Water Resources Department, Mahanadi Project Raipur, District Raipur, Chhattisgarh.

5. The Superintending Engineer Water Resources Department, Raipur, District Raipur, Chhattisgarh.

6. The Executive Engineer Water Resources Department, Raipur Division, District Raipur, Chhattisgarh.

7. The Sub Divisional Officer, Water Resources Division Raipur, District Raipur, Chhattisgarh.

8. The Joint Director, Treasury, Accounts And Pension, Raipur, District Raipur, Chhattisgarh.

---- Respondents For Petitioner :

Mr. Amit Kumar Sharma, Advocate For Respondents/ State :

Smt. Richa Shukla, Dy.G.A.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 15/11/2019

1. The grievance of the Petitioner in the present writ petition is that the service rendered by the Petitioner as contingency paid employee before she was regularized in the department under the respondents, should also be

counted as qualifying service for the purpose of pension.

2. The issue raised in the present writ petition stands squarely covered by the decision of the Division Bench of this Court in the case of "Lakhanram Sahu & other Vs. State of Chhattisgarh & others" WA No. 281 of 2013 and other analogous appeals, decided on 26.02.2015.

3. In addition, it is also relevant to take note of the fact that the Finance Department of the State of Chhattisgarh vide a circular No. 8 of 2018, dated 28.02.2018 have held that the period of the Daily wage employee, who has been regularized subsequent to 01.11.2004, his past service as daily wage employee would also be treated as pensionable service.

4. In view of the aforesaid factual matrix of the case, this Court is of the opinion that ends of justice would meet if this writ petition itself is disposed off with a direction to the respondent No. 4 to take all necessary steps to ensure that the service rendered by the Petitioner as daily wage employee and if the Petitioner has been as a daily wage employee itself regularized in the department, then her period rendered as daily wage employee may also be treated as pensionable service.

5. Accordingly, the writ petition stands disposed off. Sd/- (Goutam Bhaduri) Judge gouri