Smt. Pushpa Bai Thakur v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8425 of 2018

1. Smt. Pushpa Bai Thakur Wd/o Late Manharan Singh Aged About 43 Years R/o Ward No. 19, (Shitla Bai), Thakurpara Kawardha, District Kabirdham, Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh

2. Smt. Kalibai Thakur Wd/o Late Sant Ram Thakur Aged About 50 Years R/o Ward No. 3 Kailash Nagar Hari Om Chouk Kawardha, District Kabirdham Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh

3. Smt. Sagun Bai Yadav Wd/o Late Sukhi Ram Aged About 53 Years R/o Village Lalpurkala Kawardha District Kabirdham, Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development Department Mahanadi Bhawan New Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. Chief Municipal Officer Municipal Counsel Kawardha, District Kabirdham, Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh ---- Respondents For petitioner :

Mr. Ajit Singh, Advocate.

For State :

Mr. Dhiraj Wankhede,GA Hon'ble Shri Justice P. Sam Koshy Order on Board 14/12/2018 1.

The prayer made by Husband of the petitioners in the instant Writ Petition is for issuance of direction to the respondents to grant pensionary benefits to the husband of the petitioners by taking into account the service rendered by the petitioners 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 placed heavy reliance on the circular dated 26/05/2018 and 23/08/2018 issued by the Finance Department, Government of Chhattisgarh in this regard whereby the State has accepted the fact that past service rendered by daily wage employees who have subsequently been regularized in the Govt. department, their past service rendered as daily wage employee would be considered for the purpose of granting pensionary benefit.

3.

Considering the limited grievance of the husband 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 husband of the petitioners and issue appropriate orders to the concerned department in this regard. 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) Rohit JUDGE