1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Petition (S) No. 1698 of 2022
Smt. Siyarmati D/o Gujuram, Aged About 67 Years, R/o Post Barpali
Dhogribhata, Barpali, District- Korba (C.G.)
---- Petitioner
Versus
1. State Of Chhattisgarh Through- The Secretary, Public Works
Department Mantralay, Mahanadi Bhawan, Atal Nagar, Nawa Raipur
District Raipur (C.G.)
2. The Engineer-In-Chief, Public Works Department Mantralay,
Indrawati Bhawan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.)
3. Chief Engineer, Public Works Department Division, Bilaspur, District-
Bilaspur (C.G.)
4. Superintending Engineer, Public Works Department Division, Bilaspur
District- Bilaspur (C.G.)
5. The Sub Divisional Officer, Public Works Department, Sub Division-
Korba, District- Korba (C.G.)
6. Executive Engineer, Public Works Department, Korba Division
District- Korba (C.G.)
7. Joint Director, Treasury, Account And Pension, Bilaspur, District-
Bilaspur (C.G.)
---- Respondents
For Petitioner : Ms. Varsha Sharma & Ms. Laxmeen Kashyap, Advocates For State : Mr. Ishan Verma, P.L.
Hon'ble Shri Justice P. Sam Koshy Order On Board 14.03.2022
1. Petitioner in the present Writ Petition seeks for an appropriate direction to Respondents to consider her claim for grant of arrears on 2 salary and also for grant of pensionary benefits, gratuity and leave encashment.
2. Claim of Petitioner seems to be on the basis of the Chhattisgarh (Worked Charged and Contingency Paid Employees) Pension Rules, 1979. Claim of Petitioner also seems to be in the light of the judgment rendered by the Hon'ble Supreme Court in the case of "Ram Naresh Rawat Vs. Ashwini Ray" [2017(3) SCC 436].
3. From perusal of pleadings in the Writ Petition, it is not reflected as to whether the initial engagement of Petitioner was under the Contingency establishment or not, so as to bring the services within the purview of the aforesaid Rules of 1979.
4. However, considering the fact that Petitioner was a low paid employee, the present Writ Petition at this juncture is disposed of directing the Respondents to consider the claim of Petitioner after due verification of the status of Petitioner so far as her initial appointment is concerned and on due verification her claim for gratuity, leave encashment and also pensionary benefits be considered and decided at the earliest, preferably within a period of four months from the date of receipt of copy of this Order.
5. Writ Petition accordingly stands disposed of.
Sd/-
(P. Sam Koshy) Khatai Judge