Ramesh Chandra vs The State Of Madhya Pradesh
2023 Latest Caselaw 22303 MP

Madhya Pradesh High Court

Ramesh Chandra vs The State Of Madhya Pradesh on 22 December, 2023

Author: Vivek Rusia

Bench: Vivek Rusia

                                                           1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                      BEFORE
                                          HON'BLE SHRI JUSTICE VIVEK RUSIA
                                            ON THE 22 nd OF DECEMBER, 2023
                                             WRIT PETITION No. 31304 of 2023

                           BETWEEN:-
                           RAMESH CHANDRA S/O GANGARAM KUMBHKAR,
                           AGED ABOUT 62 YEARS, OCCUPATION: RETIRED
                           YASHASHVI WELLNESS, PRAJAPATI DHARMSHALA,
                           AGAR MALWA (MADHYA PRADESH)

                                                                                       .....PETITIONER
                           (BY SHRI SHREY CHANDAK, ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH PRINCIPAL
                                 SECRETARY PUBLIC HEALTH ENGINEERING
                                 DEPARTMENT (PHE) VALLABH BHAWAN, BHOPAL
                                 (MADHYA PRADESH)

                           2.    ENGINEER     IN    CHIEF PUBLIC HEALTH
                                 ENGINEERING DEPARTMENT (PHE) BANGANGA,
                                 JAL BHAWAN, BHOPAL (MADHYA PRADESH)

                           3.    CHIEF ENGINEER PUBLIC HEALTH ENGINEERING
                                 D E PA R T M E N T INDORE REGION, INDORE
                                 (MADHYA PRADESH)

                           4.    EXECUTIVE    ENGINEER PUBLIC   HEALTH
                                 ENGINEERING DEPARTMENT DIVISION AGAR
                                 MALWA (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                           (BY SHRI TARUN KUSHWAH, GOVERNMENT ADVOCATE ON ADVANCE
                           COPY)

                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                            ORDER

The petitioner has filed the present petition under Article 226 of the

Constitution of India claiming gratuity and pension after counting his services rendered as daily rated employee.

02. According to the petitioner, he was appointed as daily rated employee on 12.04.1985. Thereafter, he was regularized by giving status of permanent employee but the respondents are not counting his services rendered as daily rated employee.

03. According to the petitioner, in similar circumstances case of one Ashok Kumar Joshi has been considered for the purpose of gratuity after counting his services rendered as daily rated employee in light of the judgment delivered by the Apex Court in the case of Netram Sahu v/s The State of

Chhatisgarh & Another (Civil Appeal No.1254/2018). The petitioner has preferred a representation dated 11.10.2023 (Annexure-P/6) which has not been decided so far.

04. In view of the above, at the most, the services rendered by the petitioner as daily rated employee is liable to be considered for the purpose of gratuity and not for the purpose of pension. Let necessary order be passed on the petitioner's representation within a period of sixty days from the date of receipt of certified copy of this order.

04. Writ Petition stands disposed of to the extent indicate above.

(VIVEK RUSIA) JUDGE Ravi