Balram vs State Of Chhattisgarh
2021 Latest Caselaw 2418 Chatt

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                                                                       NAFR
            HIGH COURT OF CHHATTISGARH AT BILASPUR
                 WRIT PETITION (S) NO. 4909 OF 2021
    Balram, S/o Shri Lakhpati, aged about 67 years, R/o Village
Kandola, Post Bandha, Police Station Sariya, Tahsil Baramkela, District
Raigarh (CG)
                                                         ... Petitioner
                              versus
1.    State of Chhattisgarh, through the Secretary (Resham Department),
Rural Industries, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa
Raipur, District Raipur (CG)
2.    The Director, Directorate of Rural Industries (Resham Department),
Chhattisgarh, Indrawati Bhawan, Block 1, 4th Floor, Atal Nagar, Nawa
Raipur, District Raipur (CG)
3.    Joint Director (Resham), Circuit House Road, Urdana, District
Raigarh (CG)
4.    Joint Director, Treasury, Account and Pension, Bilaspur, District
Bilaspur (CG)
                                                         ... Respondents

For Petitioner : Ms. Varsha Sharma, Advocate. For Respondents : Ms. Akanksha Jain, Dy. Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board [20/09/2021]

1. Petitioner in the present Writ Petition seeks for an appropriate

direction to Respondents to consider his claim for grant of arrears on

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 his initial appointment is concerned

and on due verification his 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)
/sharad/                                                                    Judge