Anil Kumar Pathak vs State Of Chhattisgarh And Ors

P. Sam Koshy, J

The grievance of the petitioner in this petition is that his past service rendered as daily wage employee prior to regularization of service be counted

for the purpose of grant of pension and pensionary benefits.

Though the petitioner has relied upon the judgment of Division Bench of this court in case Lakhanram Sahu and Ors. Vs. State of Chhattisgarh &

Ors. (Writ Appeal No.281 of 2013), this court is of the opinion that the said judgment may not be applicable in the present case for the reason that the

present petitioner was not engaged with the respondents under Work Charged Contingency Paid Employee Rules. In the instant case the petitioner

was substantially appointed as daily wage employee in the year, 1981 as permanent daily wager and in due course of time the services of the

petitioner was regularized on 18.04.1996 in pursuance to the circular of the State Government dated 05.03.2008. The petitioner superannuated from

service w.e.f. 30.04.2018 as such he has rendered almost about 12 years of regular service. The petitioner wants his past service to be counted for

the purpose of pension and pensionary benefits.

It has been informed that there are certain instructions issued from the Finance Department of the State of Chhattisgarh wherein the services

rendered by daily wage employees prior to their regularization would also be taken into account for the purpose of grant of pension and pensionary

benefits.

Be that as it may, this court does not want to keep this petition pending any further as the petitioner otherwise is a senior citizen. Let the respondent

Nos.1&2 process the case of the petitioner as to whether his past service rendered as daily wage employee can be treated as qualifying service for

the purpose of grant of pension and pensionary benefits or not.

It is directed that the respondent Nos.1&2 should also get suitable instructions in this regard from the Finance Department of the State of

Chhattisgarh and pass an appropriate order so far as the petitioner's case is concerned within an outer limit of 90 days.

The writ petition accordingly stands disposed of.