Chattisgarh High Court
Kaliram Sahu vs State Of Chhattisgarh on 27 July, 2021
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NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 3737 of 2021
1. Kaliram Sahu S/o Rajaram Sahu Aged About 71 Years R/o Village-
Piparchhedi, Post- Beltukri, P.S.- Rajim, District- Gariyaband,
Chhattisgarh,
2. Heeraram S/o Late Dukalha Ram Aged About 69 Years R/o Village And
Post- Kirvai, P.S.- Rajim, District- Gariyaband, Chhattisgarh
3. Rahipal Sahu S/o Ramdayal Sahu Aged About 71 Years R/o Village And
Post- Kirvai, P.S.-Rajim, District- Gariyaband, Chhattisgarh
4. Kartikram Yadu S/o Tetku, Aged About 68 Years R/o Village- Lafandi, P.S.-
Beltukri, Tahsil- Rajim, District- Gariyaband, Chhattisgarh,
5. Ramadhar S/o Gaindu Aged About 68 Years R/o Village-Arand, Post-
Basin, Tahsil- Rajim, District- Gariyaband, Chhattisgarh,
6. Madho S/o Late Vishambhar Aged About 65 Years R/o Lafandi, Post-
Beltukri, Tahsil- Rajim, District- Gariyaband, Chhattisgarh,
7. Basant Kumar Sahu S/o Gajanand Sahu Aged About 71 Years R/o Village
And Post- Kirvai, Tahsil- Rajim, District- Gariyaband,
8. Sarvan Verma S/o Jhumuk Verma Aged About 74 Years R/o Village-
Parteva, Post- Devri, Tahsil- Rajim, District- Gariyaband, Chhattisgarh
9. Rajhari S/o Punit Aged About 68 Years R/o Sahaspur, Post- Tarrighat,
Tahsil- Rajim, District- Gariyaband, Chhattisgarh,
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Water Resources
Department, Mahanadi Bhawan, Mantralaya, New Raipur, Chhattisgarh
2. The Engineer-In-Chief, Water Resources Department, Atal Nagar, Nawa
Raipur, Chhattisgarh,
3. The Chief Engineer, Water Resources Department, Mahanadi Godawari
Kachhar, Raipur, District- Raipur, Chhattisgarh,
4. The Superintending Engineer, Water Resource Division, Gariyaband,
,district- Gariyaband, Chhattisgarh, District : Raipur, Chhattisgarh
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5. The Executive Engineer, Water Resource Department, Gariyaband,
District- Gariyaband, Chhattisgarh,
6. The Sub- Divisional Officer, Water Resource Department, Gariyaband,
District- Gariyaband, Chhattisgarh,
7. The Sub-Divisional Officer, Pairi Nahar, Water Resource Sub-Division No.
2, Panduka, District- Gariyaband, Chhattisgarh,
8. Joint Director, Treasury, Accounts And Pension, Raipur, District- Raipur,
Chhattisgarh, ----Respondents
For Petitioners : Ms. Nupoor Sonkar, Advocate.
For State : Shri Jitendra Pali, Dy. A.G.
Hon'ble Shri Justice P. Sam Koshy
Order on Board
27/07/2021
1. Counsel for the petitioners submits that the writ petition has been
filed seeking for a direction to the respondents to consider the period
during which the petitioners have rendered their services as daily
wage employee for the purpose of counting the length of service for
receiving the pensionary benefits.
2. On a query being put to the counsel for the petitioners, they were
unable to show any document with which it could be established that
the initial appointment of the petitioners was under the Work
Charged Contingency Establishment. According to the petitioners,
for the said period during which they have rendered their services,
they have already received gratuity and therefore for the purpose of
grant of pension also the said period should also be counted.
3. Without expressing any opinion on the merits of the case and also
subject to verification of the facts whether the initial appointment of
the petitioners falls under the Work Charged Contingency Paid
Employees Pension Rules or not. The respondents shall take a
decision keeping in view the judgment of the Division Bench of this
Court rendered in the case of "Lakhanram Sahu and others Vs. State
of Chhattisgarh and others" WA No.281 of 2013, decided on
26.02.2015. Let an appropriate decision be taken in this regard at
the earliest preferably within a period of 90 days from the date of
receipt of the copy of this order.
4. With the aforesaid observations, the present writ petition stands
disposed of
Sd/-
(P. Sam Koshy)
Judge
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