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2025 DAILYLAW 47816 (CHH)

DHARAMPAL SINGH KSHATRIYA v. STATE OF CHHATTISGARH

WPS/4587/2019 · 2025-11-05

Shri Deepak Kumar Tiwari

body2025

Judgment text

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1 2025:CGHC:54059 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4587 of 2019 Dharampal Singh Kshatriya S/o Late Kailash Singh Thakur Aged About 64 Years Retired As Field Assistance, Water Resource Department, Sub- Division- Ghargoda, Division- Dharamjaigarh, District- Raigarh, R/o Ward No.2, Near Block Colony, Tahsil- Ghargoda, District- Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh ... Petitioner. Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Water Resources, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2 - Engineer-In-Chief Water Resources Department, Chhattisgarh, Sihawa Bhawan, Civil Lines, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 3 - Chief Engineer Hasdeo Kachar Project, Water Resources Department, Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh 4 - Superintendent Engineer Water Resources Department, Raigarh, District- Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh 5 - Executive Engineer Water Resources Department, Division- Dharamjaigarh, District- Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh Digitally signed by AJAY KUMAR DWIVEDI DN: cn=AJAY KUMAR DWIVEDI, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, c=IN Date: 2025.11.06 16:22:50 +0530 2 6 - Director Directorate Of Treasury Account And Pension, Block A, First Floor, Indravati Bhavan, Atal Nagar, Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ... Respondents. (Cause title downloaded from CIS Periphery) For Petitioner : Mr. Santosh Bharat, Advocate. For Res/State : Mr. Ritesh Giri, Panel Lawyer. SB : Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 06.11.2025 1. This writ petition under Article 226 of the Constitution of India has been filed for the following reliefs:- "1) That, this Hon'ble Court may kindly be pleased to direct the respondent to re-calculate the pension of the petitioner treating the petitioner as regular employees from 10.03.1978. 2) That, this Hon'ble Court may kindly be pleased to direct the respondents to pay the difference of pension amount from the date of retirement i.e. from 31.03.2017 to the date of actual payment of re-assessed pension. 3) That, this Hon'ble Court may kindly be pleased to direct the respondent to pay interest on the difference amount from 31.03.2017 to the date of actual payment of re-assessed pension. 4) That, this Hon'ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case. 5) That, this Hon'ble Court may kindly be pleased to grant cost of petition." 3 2. At the outset, learned counsel at the bar submit that the identical issue is pending before the Hon'ble Supreme Court in SLP (Civil) Nos.8677-8678/2023. He also submits that the co-ordinate Bench of this Court while disposing of the bunch of writ petitions i.e. WPS No.10696/20191 and connected matters on 14.10.2024, which are identical to the present case categorically made observation at Para 6. Para 6 of the said order is reproduced hereunder for ready reference:- "6. Accordingly, the bunch of these writ petitions (s) deserve to be disposed of with a direction that the judgment passed by the Hon’ble Supreme Court in SLP (C) No. 8677-8678/2023 will be applicable mutatis mutandis in the facts and circumstances of the case of the petitioners and their entitlement to get additional pension will be governed by the decision of Hon’ble Supreme Court in SLP ( C) No. 8677-8678/2023. It is also directed that if SLP (C) No. 867-8678 of 2023 is decided in favour of the petitioners, the respondents shall extend the beneit to the petitioners without any further delay. It is also directed that if the grievance of the petitioners still exists, the petitioners shall be at liberty to ile a fresh petition raising their grievances." 3. In view of such submission, learned counsel for the petitioner prays to disposed of this petition in terms of the aforesaid order. 4. Learned State counsel would not oppose the aforesaid submission. 1 Bhagbali Kashyap Vs. State of CG and Ors and connected matters decided on 14.10.2024 {2024:CGHC:40132} 4 5. Having regard to the aforesaid submissions and considering that identical issue is pending before the Hon'ble Supreme Court and also considering the order passed by the co-ordinate Bench of this Court in the aforesaid case, this Court deems it appropriate to dispose of this writ petition in terms of order dated 14.10.2024 passed in WPS No.10696/2019. If aforesaid SLP No.8677- 8678/2023 pending before the Hon'ble Supreme is decided in favour of the petitioner, the respondents shall extend benefit of the same to the petitioner without any further delay. Further, if grievance of the petitioner still exist, he shall be at liberty to raise his grievance in accordance with law. 6. Accordingly, this writ petition is disposed of in terms of order dated 14.10.2024 passed in WPS No.10696/2019 and other connected matters. 7. Pending application, if any, stands disposed of. Sd/- (Deepak Kumar Tiwari) Judge Ajay