s"* -l .•^ -!3 ^ttS^ BEFORE THE HON'BLE HIGH COURT OF CHHATTISHGARH AT BILASPUR rQ'"- [^^ W.P. No.4-13^ /04 ^ •M .£S. ..^s^ .yiS--:-'/^' M.A. Hakim Sfo Abdu! Rahim Aged about 63 years Retd. First Class Painter(Skilted Labour ) Pubtic Works Deptt. R/o: Byron Bazar, Raiupur. Vs. 1. State of M.P. Through: Secretaiy, Public Works Deptt,, Vatlabh Bhavan, Bhopal. State of Chhattisgarh Throuflh: Secretary Public Woite Deptt., D.K.Bhavan, Raipur. Chief Enflineer, Public Works Deptt., Near Akashwani. Naiflhar Chowk, Raipur (CG) Petittoner ^" ^ •)\ ^^ hrf f^ ..>^..}f^7.^ ^y .»o'y^ .<5'" -^' ^^3 Respondents WRIT PETITION UNDER ARTICLE 226; 227 OF THE CONSTITUTION OF INDIA FOR GRANT OF WRIT OF MANDAMUS. CERTIORARI OR DiRECTiON OF LIKE NATURE >T Oc CHH4TTIS64RH AT ? ^^ E ^3 &? !^~^ 5 ^ *^^^^</-^5'^S 3 ^^i S j^dfiB^rf>^~ni^d^3 t^'s' S.B. : Hon b!s Shri Justte®Satish K. Agnlhortri RIT PCT 'uy 'i.u^'i OF Petitioner versus Respondent.; State of Madhya Prades! fNow C.©.) a"d others Prss^n't Mr. N.K. Vyas, counsel for the petitioner. M.rs. Anju Ahuw., Oeputy' ©overnmentAdvocate for the re: ORDEP (Passed on 28th of August, 2006) Admitted!',', the petitioner wo.s cppointed on dsily wages basis cs Pointe" vide order dated 15.7.1963 (Annexure P/6). The petitioner continued to work on the sisme post. The petitione" was absorbed as work charged employee under the provisions of the Work Charged and Contingency Paid Employee Service Condi+ions Rules, 1975 on 31.12.1998. TTie petitioner was xordingly paid salary monthly basis cftsr haying completed 25 years of service as Work Charged Employee from 15.7.1963. Services of •rfie petitioner was regularised by order dated 31.S2.1998 in tiie V/ork Charged estabSishment. (Annexure P/3) rhe petitione" claims pension on the basis of Rute 6 (3) of AA.P./C.i?. (Work-charged and Contingene,' Paid Emptoyess) Pension Rules, 1979. Ruie 6 (3) provides that on absorption of temporary employee w'thout Interruption against any regulcr <st pensionabls post, the service rendered with effect from l' January, 1974 onwards, if such service is of less than six 'ir^ wnes years shal! be counteef for penston as if such serv rendered in a regular post. It is admitted that the petltioner was absorbed as ternporar)' employee against regular pensionable post vide orcfer datsd 13.12.1998, which 's evident from the order of regularization dated 31.12.1998 (Ar,nexure P/3). TTie regularization was granted on completion of 25 years of services 'r, Work Charged Estab!ishment. Rulss 6 of the Pension Rules 1979, provides for commencement of qualifying service for grant o.f Penslon. Rules 6 of the Rules 1979 is quoted below:- "A /"fl ^t?^ provision! .^.r!vi (1) 5ubj f chao+er III of the AAadhya P.-adesh Civi! ^rssr iion) Rules, 1976 of section IV of Atodhy'a i=5' '•; ^. Pradesh New Pension Rules, 1951, as the case ma)' be, fo" calculating queslifying service of a permanent employee who *ko 1st rstired as such, the service rendered with effect from the l' January, 1959 onwards shall be counted. (2) On absorption of a permanent emp'oyee witiiout Interruption against any "egu.'ar pensionable post, the servics rendered w'th effect 1 <!<-IT T^tnSE.'SS^? 10^0 /T|S"SSr<^9^/^^ S'l-i^!! iis i.s! ijUi'iu^i'y, iy^y ^fiwurus aaiui be counted for Pension as if such servlee was "endered in a reaular oost. (3) on absorption of temporor^' employee wi+hout interruption against any regular pens'onabie post, the service rendered wIth th effect from 1 January, 1974 onwards, if such service !s of Isss ttian six years shall be counted for pension as if sucl- service was rendered in u regular post." 4. Mrs. Anju Ahuja, learned beputy Sovernment Advocats, appearing fo" the respondents/State is not in a position to produce any otiie" circular except, the PenSion Rules 1979, which are aDDHccb'e i" the case of the petitioner. The •contention of the respondents that the petitioner has not completed 10 years of services as regular employ'ee is not suppor+ed by any Rule or circu!ar, so as to disqualify work charged employee from grant of pension. From bare reading WSSs^^ f^f of the provisions of law, it is clear that the petitioner is entitted to pension, as admissible, in accordancs wlth The aforssaid Pension RuSe, 1979. 5. For ths aforesaid reasons, this petition is aHowed. It is Jlrected that the admissible pension shal! be released within Deriod of two m from today, as the pet1-itioner hc Innn hni-k fr.im ap.rviff ,-,-. <1 171QQR im "—'';ii.j E-fi»Bii->r^ ^iViil ^ss'i y3\<c> v?! >-?d..u&-.u/°-<fw', 3Ht ?n^t^r hi.^ rp.^nli"r'i?^''rit^n. Kh^ nrri^r' n'^ tn rm^t.e?- 9 ^t^f IU^ i <lN3'^*5 t^^rf g Bi/- ^dl^-^; t >^< 8, immediately Subhcsh ffl