Chattisgarh High Court

Anand Ram Kalar vs State Of Chhattisgarh on 11 July, 2022

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                                                                      NAFR
            HIGH COURT OF CHHATTISGARH AT BILASPUR

                          WPS No. 2411 of 2018
     Devi Lal Deshmukh S/o Late Hanuman Deshmukh Aged About 68
     Years Retired Isthal Sahayak, Water Resources Department, Sub-
     Division Chhuikhadan, District- Rajnandgaon, Chhattisgarh. R/o Village
     Lasamanpur, P. S. And Tahsil Chhuikhadan, District- Rajnandgaon,
     Chhattisgarh.
                                                            ---- Petitioner
                                 Versus
1.   State Of Chhattisgarh Through Secretary, Department Of Water
     Resources, Mahanadi Bhawan, New Mantralaya, Raipur, Chhattisgarh.
2.   Additional Secretary, Department Of Water Resources, Mahanadi
     Bhawan, New Mantralaya, Raipur, Chhattisgarh.
3.   Engineer In Chief, Water Resources Department Mahanadi Bhawan
     New Raipur, District- Raipur, Chhattisgarh.
4.   Executive Engineer, Water Resources Department                Division
     Chhuikhadan District- Rajnandgaon, Chhattisgarh.
                                                        ---- Respondents

WPS No. 2368 of 2018 Dhannu Lal Verma S/o Late Pannu Lal Verma, Aged About 66 Years Retired Isthal Sahayak, Water Resources Department, Suityapat Project Sub Division No. 3, Sahaspur Lohara, District Kabirdham Chhattisgarh. R/o Ward No. 3, Rajmahal Chowk, Chhuikhadan, P.S. And Tahsil Chhuikhadan, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh

---- Petitioner Versus

1. State Of Chhattisgarh Through Secretary, Department Of Water Resources, Mahanadi Bhawan, New Mantralaya, Raipur Chhattisgarh.

2. Additional Secretary, Department Of Water Resources, Mahanadi Bhawan, New Mantralaya, Raipur Chhattisgarh.

3. Engineer In Chief, Water Resources Department Mahanadi Bhawan New Raipur, District Raipur Chhattisgarh.

4. Executive Engineer, Water Resources Department Division Kawardha District Kabirdham Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh

---- Respondents WPS No. 2568 of 2018 Arjun Kumbhkar S/o S/o Late Tikamram Aged About 64 Years Retired Isthal Sahayak, Water Resources Department, Division Chhuikhadan, District Rajnandgaon (Chhattisgarh) R/o Chhuikhadan, P.S. And Tahsil

Chhuikhadan, District Rajnandgaon (Chhattisgarh), District : Rajnandgaon, Chhattisgarh.

---- Petitioner Versus

1. State Of Chhattisgarh Through Secretary, Department Of Water Resources, Mahanadi Bhawan, New Mantralaya, Raipur Chhattisgarh.,

2. Additional Secretary Department Of Water Resources, Mahanadi Bhawan, New Mantralaya, Raipur Chhattisgarh.

3. Engineer In Chief, Water Resources Department Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh.

4. Executive Engineer, Water Resources Department Division Chhuikhadan District Rajnandgaon (Chhattisgarh).

---- Respondents WPS No. 4190 of 2019 Rameshwar Singh S/o Late Sanip Singh Aged About 63 Years Retired Nalkoop (Tube Well), Mechanic, Water Resources Department, Officer Of Sub- Divisional Officer(E/m), Light Machinery Nalkoop And Gate, Sub Division- Sakari, Division- Bilaspur, District- Bilaspur, Chhattisgarh.

---- Petitioner Versus

1. State Of Chhattisgarh Through Secretary, Department Of Public Works, Mahanadi Bhawan, Mantralaya, New Raipur, Chhattisgarh.,

2. Additional Secretary Department Of Public Works, Mahanadi Bhawan, Mantralaya, New Raipur, Chhattisgarh.

3. Engineer In Chief Water Resources Department, Mahanadi Bhawan, New Raipur,district- Raipur, Chhattisgarh.

4. Chief Engineer Hasdev Kachhar Water Resources Department, Bilaspur, District- Bilaspur, Chhattisgarh.

5. Executive Engineer Water Resources Department (E/m), Light Machinery Nalkoop And Gate, Division- Bilaspur, District- Bilaspur, Chhattisgarh.

6. Divisional Joint Director Treasury, Account And Pension Bilaspur, Division- Bilaspur, Chhattisgarh.

---- Respondents WPS No. 4503 of 2019 Khorbahra Yadav S/o Late Shri Kanhaiya Yadav Aged About 64 Years R/o Baigatola, Post Itar, Tahsil Khairagarh District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh

---- Petitioner Versus

1. State Of Chhattisgarh Through Secretary, Department Of Forest, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur Chhattisgarh.

2. Additional Secretary Department Of Forest, Mahanadi Bhawan, Mantralaya, Atal Nagar Raipur Chhattisgarh.

3. Principal Chief Conservator Of Forest Department Of Forest, Jail Road Raipur, District Raipur Chhattisgarh.

4. Chief Conservator Of Forest Durg Circle Durg, District Durg Chhattisgarh.

5. Divisional Forest Officer Forest Division Khairagarh, District Rajnandgaon Chhattisgarh.

6. Secretary Department Of Finance Mantralaya Mahanadi Bhawan, Atal Nagar Raipur, District Raipur Chhattisgarh.

---- Respondents WPS No. 4802 of 2019 Fagu Ram Sahu S/o Late Shri Chhotan Sahu Aged About 68 Years R/o Changurda, Post Itar Tahsil Khairagarh, District Rajanandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh

---- Petitioner Versus

1. State Of Chhattisgarh Through Secretary, Department Of Forest, Mahanadi Bhawan, Mantralaya, Atal Nagar Raipur, District Raipur, Chhattisgarh.

2. Additional Secretary Department Of Forest Mahanadi Bhawan, Mantralaya, Atal Nagar Raipur, District Raipur Chhattisgarh.

3. Principal Chief Conservator Of Forest Dearpartment Of Forest Jail Road Raipur, District Raipur Chhattisgarh.

4. Chief Conservator Of Forest Durg Circle Durg, District Durg Chhattisgarh.

5. Divisional Forest Officer Forest Division Khairagarh District Rajnandgaon Chhattisgarh.

6. Secretary Department Of Finance Mantralaya Mahanadi Bhawan,.

Mantralaya, Atal Nagar, Raipur, District Raipur Chhattisgarh.

---- Respondents WPS No. 8138 of 2019 Smt. Maya Kesharwani W/o Late Awadh Bihari Kesharwani Aged About 55 Years R/o Mata Dewalaya Ward, Kabir Nagar, Bhatapara, District Balodabazar-Bhatapara, Chhattisgarh.

---- Petitioner Versus

1. State Of Chhattisgarh Through The Secretary, Water Resources Department, Mantralaya Bhawan, New Raipur.

2. The Executive Engineer Water Management Division No.2, Baloda Bazar, District Baloda Bazar-Bhatapara, Chhattisgarh.

3. The Joint Director Directorate Of Funds, Accounts And Pension, Raipur Division, Raipur, Chhattisgarh.

---- Respondent WPS No. 4510 of 2019 Anand Ram Kalar S/o Late Thanu Ram Kalar Aged About 64 Years Retired Vaninki Chowkidar Posted At Gatapar Forest Barrier, Forest Range Khairagarh, Forest Division Khairagarh District Rajnandgaon, Chhattisgarh R/o Village Lachhna, Mudipar, Tahsil Khairagarh, District Rajnandgaon Chhattisgarh.

---- Petitioner Versus

1. State Of Chhattisgarh Through Secretary, Department Of Forest, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur Chhattisgarh.

2. Additional Secretary Department Of Forest Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur Chhattisgarh.

3. Principal Chief Conservator Of Forest Department Of Forest,jail Road,raipur District Raipur Chhattisgarh.

4. Chief Conservator Of Forest Durg Circle Durg, District Durg Chhattisgarh.

5. Divisional Forest Officer Forest Division Khairagarh District Rajnandgaon Chhattisgarh.

6. Secretary Departmentof Finance Mantralaya Mahanadi Bhawan Atal Nagar, Raipur District Raipur Chhattisgarh.

---- Respondents

WPS No. 10404 of 2019 Bharat Lal Kashyap S/o Late Rajaram Aged About 63 Years Retired Compressure Operator, Lis, Nawagaon Ratanpur, Water Resources Department, Office Of Sub Divisional Officer (E/m) Light Machinery Nalkoop And Gate, Sub Division Sakari, Division Bilaspur, District Bilaspur, Chhattisgarh.

---- Petitioner Versus

1. State Of Chhattisgarh Through Secretary, Department Of Water Resources, Mahanadi Bhawan, Mantralaya, Atal Nagar Raipur, District Raipur, Chhattisgarh.

2. Additional Secretary Department Of Water Resources Mahanadi Bhawan, Mantralaya, Atal Nagar Raipur, District Raipur, Chhattisgarh.

3. Engineer In Chief Water Resources Department Mahanadi Bhawan New Raipur, District Raipur, Chhattisgarh.

4. Chief Engineer Hadeo Kachhar Department Of Water Resources, Bilaspur Division Bilaspur, Chhattisgarh.

5. Executive Engineer Water Resources Department (E/m) Light Machinery Nalkoop And Gate, Division Bilaspur, District Bilaspur, Chhattisgarh.

6. Secretary Department Of Finance Mantralaya, Mahanadi Bhawan, Mantralaya, Atal Nagar Raipur, District Raipur, Chhattisgarh.

---- Respondent

WPS No. 2732 of 2020 Krishna Murari Mishra S/o Late R.R. Mishra Aged About 63 Years Retired Assistant Engineer Office Of Chief Engineer Water Resources Department, Hasdeo Kachhar Division Bilaspur District- Bilaspur (C.G.). R/o- Bhartiya Nagar Ward No. 9, Bilaspur District Bilaspur, Chhattisgarh.

---- Petitioner Versus

1. State Of Chhattisgarh Through Secretary, Department Of Water Resources, Mahanadi Bhawan, Mantralaya, Atal Nagar Raipur District- Raipur, Chhattisgarh

2. Engineer In Chief Water Resources Department Mahanadi Bhawan New Raipur, District- Raipur, Chhattisgarh

3. Chief Engieer Water Resources Department, Hasdeo Kachhar Division Bilaspur District- Bilaspur, Chhattisgarh

4. Executive Engineer Water Resources Department, Hasdeo Kachhar Division Bilaspur District- Bilaspur, Chhattisgarh

5. Divisional Joint Director Treasury, Account And Pension Bilaspur Division Bilaspur, Chhattisgarh

6. Secretary Department Of Finance Mantralaya Mahanadi Bhawan, Mantralaya, Atal Nagar Raipur District Raipur, Chhattisgarh

---- Respondents WPS No. 3459 of 2021 Chhattar Singh Patel S/o Late Shri Sewaram Patel Aged About 65 Years R/o Village- Umradah, Post- Belmad, Thana And Tahsil- Balod, District- Balod, Chhattisgarh., District : Balod, Chhattisgarh

---- Petitioner Versus

1. State Of Chhattisgarh Through Secretary, Department Of Forest, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District- Raipur, Chhattisgarh.

2. Additional Secretary Department Of Forest, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District- Raipur, Chhattisgarh.

3. Principal Chief Conservator Of Forest Department Of Forest,jail Road, Raipur,district- Raipur, Chhattisgarh.

4. Chief Conservator Of Forest Durg, Circle Durg, District- Durg, Chhattisgarh.

5. Divisional Forest Officer Forest Division Balod, District- Balod, Chhattisgarh.

6. Secretary Department Of Finance, Mantralaya, Atal Nagar, Raipur, District- Raipur, Chhattisgarh.

---- Respondents WPS No. 2514 of 2018 Kunwar Lal S/o Late Shobit Ram, Aged About 65 Years Retired Carpenter, Public Work Department, Khairagarh, District Rajnandgaon Chhattisgarh. R/o Ward No. 17, Shiv Mandir Road, New Bus Stand, P.S. And Tahsil Khairagarh District Rajnandgaon, Chhattisgarh.

---- Petitioner Versus

1. State Of Chhattisgarh Through Secretary, Department Of Public Works, Mahanadi Bhawan, New Mantralaya, Raipur Chhattisgarh.

2. Additional Secretary, Department Of Public Works, Mahanadi Bhawan, New Mantralaya, Raipur Chhattisgarh.

3. Engineer In Chief (B/r) Public Works Department Mahanadi Bhawan New Raipur, District Raipur Chhattisgarh.

4. Executive Engineer, Public Work Department (B/r) Sub Division Khairagarh, District Rajnandgaon Chhattisgarh.

---- Respondents WPS No. 4068 of 2018 Sapan Kumar S/o Late A.K. Bhattacharya, Aged About 63 Years Retired Forest Guard, South Forest Division District Kondagaon (Chhattisgarh) R/o Vikash Nagar Kondagaon, District Kondagaon (Chhattisgarh)

---- Petitioner Versus

1. State Of Chhattisgarh Through Secretary, Department Of Forest, Mahanadi Bhawan, New Mantralaya, Raipur Chhattisgarh.

2. Additional Secretary Department Of Forest, Mahanadi Bhawan, New Mantralaya, Raipur Chhattisgarh.

3. Principle Chief Conservator Of Forest Department Of Forest, Jail Road Raipur, District Raipur Chhattisgarh.

4. Chief Conservator Of Forest Kanker, Circle Kanker, District Kanker (Chhattisgarh)

5. Divisional Forest Officer Forest Division Kondagaon District Kondagaon Chhattisgarh.

6. Secretary Department Of Finance Mantralaya Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh.

---- Respondents WPS No. 4079 of 2018 Omkar Singh S/o Late Sawraj Singh Thakur, Aged About 64 Years Retired Forest Guard South Forest Division Kondagaon, District Kondagaon (Chhattisgarh) R/o Vivekanand Ward Sargipal Para Kondagaon, District Kondagaon (Chhattisgarh)

---- Petitioner Versus

1. State Of Chhattisgarh Through Secretary, Department Of Forest, Mahanadi Bhawan, New Mantralaya, Raipur Chhattisgarh.

2. Additional Secretary Department Of Forest, Mahanadi Bhawan, New Mantralaya, Raipur Chhattisgarh.

3. Principal Chief Conservator Of Forest Department Of Forest, Jail Road Raipur, District Raipur Chhattisgarh.

4. Chief Conservator Of Forest Kanker, Circle Kanker, District Kanker (Chhattisgarh)

5. Divisional Forest Officer Forest Division Kondagaon District Kondagaon Chhattisgarh.

6. Secretary Department Of Finance Mantralaya Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh.

---- Respondent WPS No. 4131 of 2018

1. Nisar Ahmed Khan S/o Late Jameel Khan, Aged About 58 Years Posted As W.C. Labour At Water Resources Department, Division Balod District Balod Chhattisgarh R/o Irrigation Colony Balod, P.S. And Tahsil Balod, District Balod Chhattisgarh.

2. S.B. Rajput S/o Late Mathura Prasad Aged About 61 Years Posted As Field Assistant In Water Resources Department, Division Balod District Balod Chhattisgarh R/o Village Jhurripara, Balod, Ward No. 15, Post - Balod, Tahsil Balod District Baloda Chhattisgarh.

3. Babulal Chandra S/o Late Tarachand, Aged About 58 Years Posted As Field Assistant In Water Resources Department, Division Balod District Balod Chhattisgarh. R/o Village - Irrigation Colony, Post - Balod, Tahsil Balod District Balod Chhattisgarh.

4. Gowardhan Das S/o Late Narad Ram, Aged About 57 Years Posted As Dak Runner In Water Resources Department, Division Balod District Balod Chhattisgarh R/o Village - Aamapara Shanti Nagar Post - Balod, Tashil Balod District Balod Chhattisgarh.

5. Bhupal S/o Late Sakharam, Aged About 59 Years Posted As W.C.

Labour In Water Resources Department, Division Balod District Balod Chhattisgarh. R/o Village Amlidih, (Gondli Dam) Post - Tarood, Tahsil Balod District Balod Chhattisgarh.

6. Girdhar S/o Late Shivdayal Aged About 53 Years Posted As W.C.

Labour In Water Resources Department, Division Balod District Balod

Chhattisgarh. R/o Village Korguda, Post - Malighori, Tahsil Doundilohara, District Balod Chhattisgarh.

7. Laxman S/o Late Mansu Aged About 54 Years Posted As W.C. Labour In Water Resources Department, Division Balod District Balod, Chhattisgarh. R/o Village Korguda, Post - Malighori, Tahsil Doundilohara, District Balod Chhattisgarh.

8. Shyam S/o Late Vishal Aged About 56 Years Posted As W.C. Labour In Water Resources Department, Division Balod, District Balod Chhattisgarh, R/o Village - Bangaon, Post Dudhli, Tahsil Doundilohara, District Balod Chhattisgarh.

9. Rangu S/o Late Anand, Aged About 59 Years Posted As W.C. Labour In Water Resources Department, Division Balod District Balod Chhattisgarh. R/o Village Dhourabhata, Post - Dudhli, Tahsil Balod, District Balod Chhattisgarh.

10. Panku S/o Late Ghasuram, Aged About 62 Years Posted As W.C.

Labour In Water Resources Department, Division Balod District Balod Chhattisgarh, R/o Village - Aroud, Post - Latabore, Tahsil Balod, District Balod Chhattisgarh.

11. Mansingh S/o Late Jagannath Aged About 56 Years Posted As W.C.

Labour In Water Resources Department, Division Balod District Balod Chhattisgarh. R/o Village Gastitola, Post - Jamaruaa, Tahsil Balod, District Balod Chhattisgarh.

12. Hiru (W.C. Labour) S/o Late Kapil Aged About 58 Years Posted As W.C. Labour In Water Resources Department, Division Balod District Balod, Chhattisgarh R/o Village Chiraigodi Post - B. Jamgaon, Tahsil Balod, District Balod Chhattisgarh.

13. Ramchandra S/o Late Jivdhan, Aged About 58 Years Posted As W.C.

Labour In Water Resources Department, Division Balod District Balod Chhattisgarh. R/o Village Aroud, Post - Latabore, Tahsil Balod, District Balod Chhattisgarh.

14. Ghansu S/o Late Kodu Aged About 59 Years Posted As W.C. Labour In Water Resources Department, Division Balod District Balod, District Balod Chhattisgarh.

15. Smt. Laxmi Bai D/o Late Sukhram, Aged About 61 Years Posted As W.C. Labour In Water Resources Department, Division Balod District Balod Chhattisgarh. R/o Village Kotera, Post Sambalpur, Tahsil Doundilohara, District Balod Chhattisgarh.

16. Ghuruaram S/o Late Aasharam, Aged About 61 Years Posted As W.C.

Labour In Water Resources Department, Division Balod District Balod, Chhattisgarh. R/o Village Kutera, Post - Sambalpur, Tahsil Doundilohara, District Balod Chhattisgarh.

17. Smt. Chitrekha Bai D/o Late Jirajodhan, Aged About 61 Years Posted As W.C. Labour In Water Resources Department, Division Balod District Balod Chhattisgarh. R/o Village Balod, Gangasagar Ward No. 16, Post - Balod, Tahsil Balod, District Balod Chhattisgarh.

18. Kavalsingh S/o Late Mahetruram, Aged About 61 Years Posted As W.C. Labour In Water Resources Department, Division Balod District

Balod Chhattisgarh. R/o Village - Kursipar, Post - Tarood, Tahsil Balod, District Balod Chhattisgarh.

19. Kisun Lal S/o Late Ummediram, Aged About 60 Years Posted As W.C.

Labour In Water Resources Department, Divison Balod District Balod Chhattisgarh. R/o Village - Renghai, Post - Malighori, Tahsil Doundilohara, District Balod Chhattisgarh.

20. Dayaluram S/o Late Harinath, Aged About 59 Years Posted As W.C.

Labour In Water Resources Department, Division Balod District Balod Chhattisgarh. R/o Village Sivni, Post - Jamaruaa, Tahsil Balod, District Balod Chhattisgarh.

21. Udhauram S/o Late Gawaluram Sinha, Aged About 56 Years Posted As W.C. Labour In Water Resources Department, Division Balod District - Balod Chhattisgarh. R/o Village - Kutera Post - Sambalpur, Tahsil Doundilohara, District Balod Chhattisgarh.

22. Jagdish S/o Late Parasram, Aged About 57 Years Posted As W.C.

Labour In Water Resources Department, Division Balod District Balod Chhattisgarh, R/o Village - Dhourabhata, Post Dhudhli, Tahsil Balod, District Balod Chhattisgarh.

23. Kejuram S/o Late Theuram Aged About 58 Years Posted As W.C.

Labour In Water Resources Department, Division Balod District Balod Chhattisgarh. R/o Village - Khertadih, Post - Tarood, Tahsil Balod, District Balod Chhattisgarh.

24. Smt. Annu Bai, S/o Late Hori Lal, Aged About 58 Years Posted As W.C.

Laobur In Water Resources Department, Division Balod District Balod Chhattisgarh. R/o Village - Balod, Jawaharpara, Post - Balod, Tahsil Balod, District Balod Chhattisgarh.

25. Sukhlal Sonkar S/o Late Manglaram, Aged About 56 Years Posted As W.C. Labour In Water Resources Department, Division Balod District Balod Chhattisgarh. R/o Village - Budhapara, Balod, Post - Balod, Tahsil Balod, District Balod Chhattisgarh.

26. Dilip Kumar Yadav S/o Late Derharam Yadav Aged About 55 Years Posted As W.C. Labour In Water Resources Department, Division Balod District Balod Chhattisgarh. R/o Village Khikaripara Warn No. 18, Post Balod Tahsil Balod District Balod Chhattisgarh.

27. Bhamikhanram S/o Late Dhanraj Aged About 54 Years Posted As W.C.

Labour In Water Resources Department, Division Balod District Balod Chhattisgarh. R/o Village - Sivani, Post - Jhalmala, Tahsil Balod District Balod Chhattisgarh.

28. Laxminarayan S/o Late Bharosaram Aged About 54 Years Posted As W.C. Labour In Water Resources Department, Division Balod District Balod Chhattisgarh. R/o Village - Umradah, Post Umradah Tahsil Balod District Balod Chhattisgarh.

29. Jageshwari Bai S/o Late Parasram Aged About 54 Years Posted As W.C. Labour In Water Resources Department, Division Balod District Balod Chhattisgarh. R/o Village - Budhapara Post Balod, Tahsil Balod, District Balod Chhattisgarh.

30. Kailash Yadav S/o Late Shivram Yadav Aged About 54 Years Posted As W.C. Labour In Water Resources Department, Division Balod District Balod Chhattisgarh. R/o Village - Irrigation Colony, Amapara Balod, Post - Balod, Tahsil Balod District Balod Chhattisgarh.

31. Chhaganlal S/o Late Jhumuk Lal Aged About 57 Years Posted As W.C.

Labour In Water Resources Department, Division Balod District Balod Chhattisgarh. R/o Village - Khursipar Post - Tarood Tahsil Balod District Balod Chhattisgarh.

32. Girdharilal Yadav S/o Late Anand Ram Aged About 57 Years Posted As W.C. Labour In Water Resources Department, Division Balod District Balod Chhattisgarh. R/o Village - Irrigation Colony, Amampara Balod , Post Balod , Tahsil Balod , District Balod Chhattisgarh.

33. Smt. Krishna Bai D/o Late Jethuram Yadav Aged About 57 Years Posted As W.C. Labour In Water Resources Department, Division Balod District Balod Chhattisgarh. R/o Village - Shikaripara, Ward No. 18 Balod , Post Balod , Tahsil Balod District Balod Chhattisgarh.

34. Smt. Nandani Bai D/o Late Budhan Yadav Aged About 51 Years Posted As W.C. Labour In Water Resources Department, Division Balod District Balod Chhattisgarh. R/o Village - Irrigation Colony, Amapara Balod Post Balod Tahsil Balod District Balod Chhattisgarh.

35. Smt. Sonai W/o Late Jagnnath Aged About 60 Years Posted As W.C.

Labour In Water Resources Department, Division Balod District Balod Chhattisgarh. R/o Village - Devarbhat Post Jhalmala, Tahsil Balod District Balod Chhattisgarh.

36. Smt. Johatari W/o Late Moti, Aged About 60 Years Posted As W.C.

Labour In Water Resources Department, Division Balod District Balod Chhattisgarh. R/o Village - Devarbhat Post Jhalmala, Tahsil Balod District Balod Chhattisgarh.

---- Petitioners Versus

1. State Of Chhattisgarh Through Secretary, Department Of Water Resources Mahanadi Bhawan, Mantralaya, New Raipur District Raipur Chhattisgarh.

2. Additional Secretary Department Of Water Resources Mahanadi Bhawan New Mantralaya, Raipur Chhattisgarh.

3. Engineer In Chief Water Resources, Department Sihawa Bhawan New Raipur District Raipur Chhattisgarh.

4. Chief Engineer Department Of Water Resources Mahanadi Godavari Kachhar Raipur District Raipur Chhattisgarh.

5. Executive Engineer Water Resources Department Balod District Balod Chhattisgarh.

6. Secretary Department Of Finance Mantralaya Mahanadi Bhawan , New Raipur District Raipur Chhattisgarh.

---- Respondents

WPS No. 1171 of 2019 Indra Kumar Kasare S/o Late Shri Gunilal Kassare Aged About 54 Years R/o Ward No. 39 Diprapara Potiya Road, Back Side Of Adiwasi Chatrawash Durg, District- Durg, Chhattisgarh.

---- Petitioner Versus

1. State Of Chhattisgarh Through Secretary, Department Of Forest, Mahanadi Bhawan, New Mantralaya, Raipur, Chhattisgarh.

2. Additional Secretary Department Of Forest Mahanadi Bhawan, New Mantralaya, Raipur, Chhattisgarh.

3. Principle Chief Conservator Of Forest Department Of Forest Jail Road Raipur, District- Raipur, Chhattisgarh.

4. Chief Conservator Of Forest Durg, Circle, District- Durg, Chhattisgarh.

5. Divisional Forest Officer Forest Division Kabirdham, District-

Kabirdham, Chhattisgarh.

6. Secretary Department Of Finance Mantralaya Mahanadi Bhawan New Raipur, Atal Nagar District- Riapur, Chhattisgarh.

---- Respondents WPS No. 4212 of 2018

1. Baliram S/o Late Manglu Ram Aged About 61 Years Post Forest Guard, R/o Village Dandesara Post Basin P.S. And Tahsil Gurur District Balod Chhattisgarh.

2. Ramkhilawan Dilliwar S/o Late Dhurshing Aged About 54 Years Post Forest Guard In Forest Division Balod District Balod (Chhattisgarh) R/o Gayanagar, Ward No. 5 Opposite Gayabai School Post And P.S. And Tahsil Durg, District Durg Chhattisgarh.

3. Jivrakhan Lal Yadav S/o Late Sukhram Aged About 57 Years Posted As Ardali, R/o Village Sivni Post Jhalmala, P.S. And Tahsil Balod, District Balod Chhattisgarh.

4. Budharu Ram Kureti S/o Late Maniram Aged About 58 Years Posted As Ardali, R/o Village Amlidih Post Tarod, P.S. And Tahsil Balod, District Balod Chhattisgarh.

5. Panchu Ram Yadav S/o Late Jethuram, Aged About 58 Years Posted At Ardali, R/o Village Deotarai Post Tarod, P.S. And Tahsil Balod, District Balod Chhattisgarh.

---- Petitioners Versus

1. State Of Chhattisgarh Through Secretary, Department Of Forest, Mahanadi Bhawan, New Mantralaya, Raipur Chhattisgarh.

2. Additional Secretary Department Of Forest, Mahanadi Bhawan, New Mantralaya, Raipur Chhattisgarh.

3. Principal Chief Conservator Of Forest Department Of Forest, Jail Road Raipur, District Raipur Chhattisgarh.

4. Chief Conservator Of Forest, Durg, Circle, District Durg Chhattisgarh.

5. Divisional Forest Officer Forest Division Balod District Balod Chhattisgarh.

6. Secretary Department Of Finance Mantralaya Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh.

---- Respondents WPS No. 1211 of 2019 Rajesh Kumar Sharma S/o Shri Gaindu Prasad Sharma Aged About 54 Years R/o House No. 559 Ward No. 41 Subhash Nagar, Kelabadi Durg, District- Durg, Chhattisgarh.

---- Petitioner Versus

1. State Of Chhattisgarh Through Secretary, Department Of Forest, Mahanadi Bhawan, New Mantralaya, Raipur, Chhattisgarh.

2. Additional Secretary Department Of Forst Mahanadi Bhawan, New Mantralaya, Raipur, Chhattisgarh.

3. Principal Chief Conservator Of Forest Department Of Forest Jail Road Raipur, District- Raipur, Chhattisgarh.

4. Chief Conservator Of Forest Durg, Circle, District Durg, Chhattisgarh.

5. Divisional Forest Officer Forest Division Durg District- Durg, Chhattisgarh.

6. Secretary Department Of Finance Mantralaya Mahanadi Bhawan New Raipur, Atal Nagar District- Raipur, Chhattisgarh.

---- Respondents WPS No. 6288 of 2019

1. Milan Singh Sahu S/o Shri Goverdhan Lal Sahu Aged About 60 Years Field Assistant R/o Village Post Kumhalori Tahsil Doundi Lohara, District Balod Chhattisgarh.

2. Mehtaru Ram S/o Shri Dhanraj Singh Aged About 60 Years Work Charge Labor, R/o Village Kotera, Post Sambalpur, Tahsil Doundi Lohara District Balod Chhattisgarh.

3. Smt. Sakuntala Bai W/o Itwari Das Aged About 62 Years Work Charge Labor, R/o Village Kotera, Post Sambalpur, Tahsil Doundi Lohara District Balod Chhattisgarh.

4. Uttam Singh S/o Shri Likhan Aged About 72 Years Work Charge Mat R/o Village Kotera, Post Sambalpur, Tahsil Doundi Lohara District Balod Chhattisgarh.

5. Ramhu Singh S/o Shri Gajraj Aged About 63 Years Work Charge Labor, R/o Village Kotera, Post Sambalpur, Tahsil Doundi Lohara District Balod Chhattisgarh.

6. Smt. Shanti Bai W/o Shri Brijlal Aged About 64 Years Work Charge Labor, R/o Village Kotera, Post Sambalpur, Tahsil Doundi Lohara District Balod Chhattisgarh.

7. Avadh Ram S/o Shri Rup Singh Aged About 61 Years Work Charge Labor, R/o Village And Post Jamarua, Tahsil Balod District Balod Chhattisgarh.

8. Chudaman S/o Shri Paltu Aged About 59 Years Work Charge Labor, R/o Village And Post Jamarua Tahsil Balod District Balod Chhattisgarh.

9. Khorbahara Ram S/o Shri Ujiyar Singh Aged About 62 Years Work Charge Labor, R/o Village Dhourabhata, Post Dudhli Tahsil Balod District Balod Chhattisgarh.

10. Itwari Das S/o Shri Shayam Aged About 64 Years Work Charge Labor, R/o Village Kotera, Post Sambalpur, Tahsil Doundi Lohara District Balod Chhattisgarh.

11. Nandu Ram S/o Shri Sarjun Aged About 60 Years Work Charge Waterman, R/o Village Umradah, Post Belmad, Tahsil Balod District Balod Chhattisgarh.

---- Petitioners Versus

1. State Of Chhattisgarh Through Secretary, Department Of Water Resources Mahanadi Bhawan, Mantralaya, New Raipur District Raipur Chhattisgarh.

2. Additional Secretary Department Of Water Resources Mahanadi Bhawan, New Mantralaya Raipur Chhattisgarh.

3. Engineer In Chief Water Resources Department, Sihawa Bhawan New Raipur, District Raipur Chhattisgarh.

4. Chief Engineer Department Of Water Resources Mahanadi Godavari Kachhar Raipur District Raipur Chhattisgarh.

5. Executive Engineer Water Resources Department Balod, District Balod Chhattisgarh.

6. Secretary Department Of Finance Mantralaya Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh.

---- Respondents WPS No. 4076 of 2018

1. Lalla Khan S/o S/o Late Jamil Hussain Aged About 63 Years Retired Unskilled Labour Of P. W. D. Sub Division Balod, District Balod Chhattisgarh. R/o Village Ghumka, Post- J. Sankara, Tahsil Balod, District- Balod, Chhattisgarh.

2. Lakhan Lal S/o Late Binjhwar, Aged About 63 Years Retired Unskilled Labour Of P. W. D. Sub Division Balod, District Balod Chhattisgarh. R/o Village Ghumka, Post- J. Sankara, Tahsil Balod, District- Balod, Chhattisgarh.

---- Petitioners Versus

1. State Of Chhattisgarh Through Secretary, Depatment Of Public Works Departments, Mahanadi Bhawan, New Mantralaya, Raipur, Chhattisgarh.

2. Additional Secretary Department Of Public Works Departments, Mahanadi Bhawan, New Mantralaya, Raipur, Chhattisgarh.

3. Engineer In Chief (B/r), Public Works Departments, Mahanadi Bhawan New Raipur, District Raipur, Chhattisgarh.

4. Executive Engineer Public Works, Departments Division Balod, District Balod, Chhattisgarh.

5. Sub Divisional Officer Public Works, Department Sub- Division Balod District Balod, Chhattisgarh.

6. Secretary, Department Of Finance Mantralaya, Mahanadi Bhawan, New Raipur, District- Raipur, Chhattisgarh.

---- Respondents WPS No. 4077 of 2018

1. Kansh Ram Sahu S/o Late Dukhu Ram Aged About 63 Years Retired Workcharged Labour (Super Numerical) Of Water Resources Department Sub Division Adamabad, District Balod (Chhattisgarh) R/o Village And Post Jamaruaa Tahsil Balod, District Balod Chhattisgarh.

2. Ram Das Manikpuri (Panika) S/o Late Bisambhar Das, Aged About 63 Years Retired Workcharged Labour (Super Numerical) Of Water Resources Department Sub- Division Adamabad, District Balod Chhattisgarh R/o Village Temri, Post Surpa Tahsil Patan, District Durg (Chhattisgarh).

3. Smt. Amrika Bai Wd/o Late Mannu Lal Aged About 63 Years Retired Workcharged Labour (Super Numerical) Of Water Resources Department Sub-Division Kharkhara, Mohandipath Canal Project Balod, District Balod (Chhattisgarh) R/o Village Temri, Post Surpa Tahsil Patan, District Durg Chhattisgarh.

---- Petitioners Versus

1. State Of Chhattisgarh Through Secretary, Department Of Water Resources Mahanadi Bhawan, New Mantralaya, Raipur Chhattisgarh.

2. Additional Secretary Department Of Water Resources, Mahanadi Bhawan, New Mantralaya, Raipur (Chhattisgarh).

3. Engineer In Chief, Water Resources Department, Sihawa Bhawan New Raipur, District Raipur Chhattisgarh.

4. Executive Engineer Water Resources Department Division Balod, District Balod Chhattisgarh.

5. Secretary Department Of Finance Mantralaya Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh.

---- Respondents AND WPS No. 5714 of 2018

Deepak Kumar S/o Late Bodhu Ram, Aged About 40 Years R/o Mahobia Para Ward No. 4 Chhuikhadan, P.S. And Tahsil Chhuikhadan, District Rajnandgaon Chhattisgarh.

---- Petitioner Versus

1. State Of Chhattisgarh Through Secretary, Department Of Water Resources, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur Chhattisgarh.

2. Additional Secretary Department Of Water Resources, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur Chhattisgarh.

3. Engineer In Chief, Water Resources Department Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh.

4. Executive Engineer, Water Resources Department Division Chhuikhadan District Rajnandgaon Chhattisgarh.

---- Respondents

For Petitioners : Mr. F.S. Khare, Advocate and Mr. Ravindra Agrawal, Advocate [in WPS No. 8138 of 2019].

For State : Mr. Amrito Das, Additional A.G.

Hon'ble Shri Justice Narendra Kumar Vyas Order on Board

11/07/2022

1. Since same set of facts are involved in all the petitions, therefore, they are heard analogously and are being disposed of by this common order.

2. Learned counsel for the petitioners would submit that petitioners had joined their services as contingency paid employee. Later on, they were regularized by the department and superannuated from service on attaining the age of superannuation. It is further submitted that the services of the petitioners as contingency paid/temporary employee prior to the date of regularization have not been counted for retirement dues, however, that should have been counted. It is further contended that this issue has been decided by Hon'ble the Division Bench of this

Court in W.A. No.88 of 2019 and the following orders have been passed :-

"5. Petitioner's services during his posting in the Contingency Paid Establishment were governed under the Madhya Pradesh Irrigation Department Work Charged and Contingency Paid Employees Recruitment and Conditions of Service Rules, 1977. Under Rule 4 (2) (b) of the said Rules, a contingency paid employee is accorded temporary status immediately upon completion of 5 years service. On representation by the Employees Union, the State Government issued a circular on 02.03.2005, which reads as follows:

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6. In the above quoted circular, the State Government clearly directed that for counting the pensionable service, the period spent as temporary employee shall also be counted. The Division Bench of Madhya Pradesh High Court has also held in the matter of

Shrikrishna Shrivastava vs State of M. P. and others, reported in (2003) 4 MPLJ 376, that period of temporary service rendered by a contingency paid employee shall be counted in the pensionable service.

7. In view of the circular issued by the State Government and the law laid down by the Division Bench of the M. P. High Court in Shrikrishna Shrivastava (supra), we are of the considered opinion that the petitioner's pensionable service should be counted from the date he completed 5 years service from the date of initial appointment, as immediately upon completion of 5 years service in the Contingency Paid Establishment, the petitioner had acquired temporary status under Rule 4 (2) (b) of the Rules, 1977. It is ordered accordingly. Consequently, it is directed that the respondents shall recalculate the petitioner's pensionable service in accordance with this order and pay him the entire consequential benefits within a period of 3 months from the date of receipt of the certified copy of the order. There shall be no order as to interest on the arrears.

8. The writ appeal is allowed in the above stated terms."

3. It is ordered accordingly. The judgment passed by Hon'ble the Division Bench in Writ Appeal No.88 of 2019 shall also be applicable in this case to the extent that the services rendered by the petitioners as daily wage employee prior to regularization shall also be counted for the purpose of grant of retiral dues including pensionary benefit. The implementation of the same shall be after due verification of the service records of the petitioners.