Hiruram Gangwanshi v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 9357 of 2019 • Hiruram Gangwanshi S/o Late Shri Ganesh Gangwanshi Aged About 63 Years Retired Forester, Forest Department R/o Village - Ledijob, Tehsil Dongarhgarh, District : Rajnandgaon, Chhattisgarh ---- Petitioner
Versus
1. State of Chhattisgarh, Through The Secretary, Forest Department, Mantralaya, Mahanadi Bhawan, Raipur Chhattisgarh. District Raipur Chhattisgarh
2. Director, Treasury, Accounts and Audit Department, Raipur Chhattisgarh, District : Raipur, Chhattisgarh
3. Divisional Forest Officer, Division Khairagarh, District : Rajnandgaon, Chhattisgarh ---- Respondents For Petitioner :
Mr. Anup Majumdar, Advocate For Respondents/ State :
Mr. Priyank Rathi, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 18/11/2019
1. The grievance of the Petitioner in the present writ petition is that the petitioner has been retired from the service on 31.03.2018. The petitioner was regularized under work charged establishment on the post of Forest Guard in the year 2006. Thereafter, the period of service of petitioner which was rendered from 1986 to 18.08.2006, till, he was regularized, the benefit accrued for the purpose of pension and gratuity required to be considered as qualifying service for the purpose of fixation of pension and gratuity.
2. The petitioner refers to judgment of this Court in case of Lakhan Lal Vs. State of Chhattisgarh and ors. for the purpose of grant of pensionery
benefits by adding the service rendered as daily wage employee and qualifying service. Likewise, so far as grant of gratuity is concerned, the petitioner relies upon the decision of Supreme Court in case of Net Ram Sahu Vs. State of Chhattisgarh and ors., 2018 (5) SCC 430 and circulars issued by the State Govt. after the decision of the Supreme Court in the aforementioned two judgments.
3. Given the aforesaid facts and circumstances of the case, let the respondents No.2 & 3 take appropriate decision in respect of the claim of the petitioner and pass a suitable order preferably within a period of 90 days from the date of receipt of certified copy of this order.
4. Accordingly, the writ petition stands disposed off. Sd/- (Goutam Bhaduri) Judge Yasmin