^- c^- \<j7^. /lr.l BEFORE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) No. ?-^l7^ /2010 PETITIONER Lakhanlal, S/o. Mohan Lal Jha, Aged about- 64 years, R/o. Village - Arjuni, Tahsil- Dongargaon, Distt. Rajnandgaon (C.G.) VERSUS RESPONDENTS A^^' -^&^ ^WA/V-' ^••^yy 1) StateofChhattisgarh, Through: the Secretary, Water Resources D.epartment, Mantralaya, D.K.S. Bhawan, Raipur (C.G.) 2)< Chief Engineer, Mahanadi Godawari Basin Water Resources Department, Raipur (C.G.) ^ 3) Executive Engineer, Electrical/Mechanical, Light Mactionery Tube Well and Gate Division, Water Resources Department, Durg (C.G.) WRIT PETITION UNDERARTICLE 226 OF THE CONSTITUTION OF INDIA. '^ HIGH COURT OF CHHATTISGARH : BILASPUR PETITIONER WRIT PETITION fS) N0.727 OF 2010 Lakhanlal RESPONDENTS Versus State of Chhattisgarh & Others And W.P.(S) Nos.278, 279, 280, 281, 282 and 283 of 2010 (Writ petitions underArticle 226 ofthe Constitution of India) Single Bench : Hon'ble Shri Satish K. Agnihotri, J. Present:- Shri Anup Mazumdar and Shri Yogesh Pandey, counsel for the respective petitioners. Shri V.V.S. Murthy, Dy. Advocate General for the State. ORDER(ORAL) (Passed on this 5th day ofApril, 2010) 1. Since W.P.(S) Nos.727, 278, 279, 280, 281, 282 and 283 of 2010 involve the same question of law asto whether the petitioners are entitled to pension from the respective dates of their retirement in accordance with the provisions of the M.P./C.G. (Work Charged and Contingency Paid Employees) Pension Rules, 1979 (forshort "the Pension Rules, 1979"). The facts of these writ petitions are also common and, as such, they are being disposed of by this common order. 2. The facts, in nutshell, as projected by the petitioners, are that the petitioners have been appointed as Tube Well Operator and Gangman on daily wages basis in the year 1984, 1976, 1970, 1978, 1970, 1970 and 1976 respectively in the respondent department. Thereafter, in the year 1999, 2009, 2008, 2008, 2008, 2008 and 2008 receptively, the services of the petitioners were absorbed. After attaining the age of superannuation the petitioners were made to retire from their services in the year 2005, 2009, 2009, 2009, 2009, 2009 and 2009, respectively. Thereafter, the pension orders have not been released in their favour on the ground that they have not rendered their services for a minimum period of 10 years as wprk charged employees. The issue with regard to grant of pensionary benefit to the work charged and contingency paid employees came up for consideration before this Court in W.P. No. 4135 of 2004 {M.A. Hakim v. State of Madhya Pradesh (Now C.G.) & Others) wherein it was observed as under: "2. The petitioner claims pension on the basis of Rule 6(3) of MP/CG (Workcharged and Contingency Paid Employees) Pension Rules, 1979. Rule 6(3) provides that an absorption of temporary employee without interruption against any regular pensionable post, the service renderedwith effect from 1 January, 1974 onwards, if such service is of less than six years shall be counted for pension as if such service was rendered in a regular post. 3. It is admitted that the petitioner was absorbed as temporary employee against regular pensionable post vide order dated 13.12.1998, which is evident from the order of regularization dated 31.12.1998 (Annexure P/3). The regularization was granted on completion of 25 years of service in Work Charged Establishment. Rules 6 of the Pension Rules 1979 provides for commencement of qualifying service for grant of Pension. Rules 6 of the Rules 1979 is quoted below: "6. Commencement of qualifying service: - (1) Subject to the provisions of chapter III of the Madhya Pradesh Civil Services (Pension) Rules, 1976 of section IV of Madhya Pradesh New Pension Rules, 1951, as the case may be, for calculating qualifying service of a permanent employee who retired as 1^...^" :^It^u|hj||l||;|||^|e|F||||Fi|||i|^ ':;^^||fr^||h||||||a||a|^ ',i^allf;bN;J^u!n^%%%^;i':^:^^^ .|:f^yi|||||ia|il^||FN§©|S|i||^j^ iemploye^|wilt||||S|it6Fri^tj<it|||agasiHs^^.% •^.::^|i;|anyig|itQ|1a|||i|l||^i||||l|||;j3^ l:;'|l'ie^rvili'JiiFii|l|EiS^ill^f^ ^?.^I&|aFHjaryg||i||l|||a|||j^ ^r:^^ri|jort||a^|lf|^c^^^r^|^ ^^l;.^^reiNI^Stil^ti^lJI:iP<^ll^ :ly(3)';t,^r|ii|i||i|iti<|n^||^||ir|i!|<^ ^l^rnp|i^|e|®^jil:|i|||?|j||teiTii||i||r|j^|ig^ ii^^®a'RN191ei|liBSISI^iili^ 'lseNtc|liliS|Fil|lftill?|f|ilfifii^ ^£in:jyaii|yj|1j@^||nvv|ltd^|if|s|Gji^s^iwice^;:^^ FvvasIi^nl(|eFecJJ |jjegular|is^^ .^:4.^^|IW.^:'::K||u^ H;^|^ov|pn:n!ijei||i||li<3|||||ii|pj|^ :^s^.',.'.^s|^|cl|Ti1|/^t||§1|||r^ ^%pi^u|eiany||t|^KGij||la|sex||||i| t^^^^ ^uJe^^'©^^i|h;Iali!ii|:)p|K|||liS||FTih^ ;iQf.^&^?p||1ijG|i||.Sgj|ie|g;ic^ ^,lresp^i^|Fiil|;A^|:||||l^;pe|tiineF^ha&^^^^^^^^ ^iT»|l^||||i(tg|||i^|)3|-ii|^J!||||ts|lFe^ ^'-ej|i,|l|ye|.!|is|^()t|i||il||^ ^sli|iuji^||^j^|fi^c||i|||||l|y|if^ ;:ei^plQ^e|?.?|rle>n||||F||ljo||3|ensjGi|||i^0n^ •T|a<ding^jtlie||ro|isj|n&|}^|^|j|,i|lilia|^ ,|the||j|etifi0r|ei|gj^||||titlidj||o^|j||ilsi^i^^^ :':',;aymjssi^Je|^|I||et|||nG|iwit^^II'^fo:^^jd;:5^ :l^erision|^ule,19^I!¥t»^^i^^ ^he^^i^aid mattetAA||lt|l^^ the^at&GOYeFpmentjjilj^piejal^e^^ 19728 <)f 2006. IThi^ui^ specjal leave petitio^^^^^ passed bythis^ur^in A^^^^^^ H '• 1 w:^ ^^ss^ /^^- j Gowri The aforesaid issue further came up for consideration in Jhuniya Bai v. State of Chhattisgarh & Others and other connected matters, wherein the view taken in the case of M.A.Hakim (supra) was referred with approval. Learned counsel appearing for the State/respondents fairly submits that the issue with regard to grant of pensionary benefits to the work charged contingency employee has been settled by this Court in M.A.Hakim (supra) and Jhuniya Bai (supra). Accordingly, the writ petitions are disposed of in view of the decision of this Court rendered in M.A.Hakim (supra) and Jhuniya Bai (supra). The respondent authorities are directed to do the needful, subject to verification of facts, in respect of the individual petitioner, within a period of three months from the dateof receipt of a copy ofthis order. Sd/- SatishK.Asnihom Judge WP(S) No. 2884 of2009 (Decided on 01.02.2010)