1 2025:CGHC:55045 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 10244 of 2025 Smt. Kamin Bai Verma W/o Late Shri Dhelu Ram Verma Aged About 68 Years R/o Tulsi Post Ganiyari Tashsil Kharora District - Raipur (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Livestock Development Department, Ground Floor, Block No. 03, Indrawati Bhavan, Nava Raipur Atal Nagar, Pin Code -492002 2 - Director Livestock Development Department, Ground Floor, Block No. 03, Indrawati Bhavan, Nava Raipur Atal Nagar, Pin Code -492002 3 - Director Directorate Of Treasury Accounts And Pensions First Floor, Block -A Indrawati Bhawan, Nawa Raipur Atal Nagar, C.G. Pin – 492002 4 - Collector Raipur Chhattisgarh 5 - Treasury Officer District Treasury Raipur Chhattisgarh ... Respondents For Petitioner : Mr. Amit Buxy, Advocate For State : Mr. Suyashdhar Badgaiyan, Dy. Government Advocate Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 12.11.2025 1. In pursuance of direction given by this Court, Mr. Ajay Pandey, Manager, Livestock Development Department along with Mr. Mukesh Tiwari, Nodal Officer is present before this Court to assist. 2. The petitioner is wife of late Shri Dhelu Ram has filed this petition assailing inaction on part of the respondent authorities in not granting family pension and other pensionary benefits. BHUMIKA ANGARE Digitally signed by BHUMIKA ANGARE Date: 2025.11.20 11:49:47 +0530 2 3. The brief facts as reflected from the record are that the petitioner’s husband was a Daily Wages Employee working as a Field Worker in respondent’s Cattle Breeding Farm, Livestock Development Department, Chandkhuri, Raipur and was regularized on 23.12.2006 and was granted pay scale of 2550-55-2660-60-3200. 4. Learned counsel for the petitioner would submit that the petitioner’s husband was working in the Work Charge Establishment of the respondent, therefore, his services and pensionary benefits are governed by the Chhattisgarh (Work Charged and Contingency Paid Employees) Pension Rules, 1979 (in short “Rules of 1979”) wherein the rule provides that on absorption of a Daily Wages Employee who has rendered 15 years is prior to his absorption will be deemed to be a permanent employee, accordingly his services can be considered for grant of pensionary benefit and after completion of 06 years of service he died on harness on 19.08.2012. He would further submit that the State of Chhattisgarh has issued circular dated 28.02.2018 for granting pension to the employees who are working in the Work Charge and Contingency Establishment after 01.11.2004 and the circular clearly provides that pension will be given as per Rules of 1979 and would pray for allowing the instant writ petition. The relevant para of the circular dated 28.02.2018 is reproduced as under: “vkdfLerk rFkk dk;ZHkkfjr Lfkkiuk ds deZpkfj;ksa dh lsok 01-11-2004 ds i'pkr~ dk;ZHkkfjr LFkkiuk esa fu;fer gksus ds QyLo:i bu deZpkfj;ksa ij va’knk;h isa’ku ;kstuk ykxw fd;k x;k rFkk ;kstukarxZr PRAN uacj vkcafVr dh va’knku dVkSrh fd;k x;k gSA ekuuh; NRrhlx<+ mPp U;k;ky; ds vkns’k fnukad 26-2-2015 ¼Nk;kizfr layXu½ ds ifjizs{; esa NRrhlx<+ ‘kklu }kjk bu deZpkfj;ksa dks NRrhlx<+ flfoy lsok isa’ku fu;e 1979 varxZr isa’ku Hkqxrku fd;k tkosxkkA” 3 5. Per contra learned State counsel would not dispute the issuance of circular dated 28.02.2018 but he would submit that the petitioner is not entitled to get any relief as the petitioner has not completed 10 years of service after regularization and would pray for dismissal of the writ petition. 6. I have heard learned counsel for the parties and perused the records with utmost circumspection. 7. To decide the dispute involved in this petition, it is expedient for this Court to extract Rule 6 of the Rules of 1979 which reads as under:- “6. Commencement of qualifying service- (1) Subject to the Provisions of chapter III of the Chhattisgarh Civil Services (Pension) Rules, 1976 of section IV of Chhattisgarh New Pension Rules, 1951, as the case may be, for calculating qualifying Service of a permanent employee who retired as such, the service rendered with effect from the 1st January, 1959 onwards shall be counted. (2) On absorption of a permanent employee without interruption against any regular pensionable post, the service rendered with effect from 1st January, 1959 onwards shall be counted for Pension as if such service was rendered in a regular post. (3) On absorption of temporary employee without interruption against any regular pensionable post, the service rendered with effect from 1st 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.” 8. The Government of Madhya Pradesh has issued circular dated 30.01.1996 which reads as under:- “fo”k;& dk;ZHkkfjr rFkk vkdfLedrk ls osru ikus okys deZpkfj;kds dh fu;fer LFkkiuk esa fu;qfDr gksus ij vgZrknk;h lsok dk fu/kkZj.kA e/;Áns’k ¼dk;ZHkkfjr rFkk vkdfLedrk ls osru ikus okys deZpkjh½ isa’ku fu;e 19779 ds fu;e 6¼2½ esa ;g Áko/kku gS fd dk;ZHkkfjr rFkk vkdfLedrk ls osru ikus okys LFkkbZ deZpkjh dks ;fn fu;fer Lfkkiuk esa lafofy;u gksrk gS rks 1&1&59 ls vkxs dh xbZ lsok isa’ku Á;kstu ds fy, vgZrknk;h lsok ekuh tk,xhA 2- jkT; ‘kklu us fopkjksijkUr] vc ;g fu.kZ; fy;k gS fd dk;ZHkkfjr rFkk vkdfLedrk lsok ds fdlh Hkh deZpkjh dk ftlus de ls de 6 o”kZ dk lsokdky iw.k dj fy;k gks] ;fn fcuk fdlh O;o/kku ds fdlh fu;fer isa’ku ;ksX; in lafofy;u fd;k tkrk gS rks ,sls deZpkjh }kjk dk;ZHkkfjr@vkdfLedrk lsok esa dh xbZ lsok isa’ku gsrq vgZrknk;h lsok ekuh tkosxhA 4 3- e/;Áns’k ¼dk;ZHkkfjr rFkk vkdfLedrk ls osru ikus okys deZpkjh½ isa’ku fu;e] 1979 ds fu;e 6 esa la’kks/ku layXu gSA” 9. The Government of Chhattisgarh has also issued circular dated 02.03.2005 wherein Rule 6 has been amended which reads as under: “NŸkhlx<+ ¼dk;ZHkkfjr rFkk vkdfLedrk ls osru ikus okys deZpkjh½ isa’ku fu;e] 1979 ds fu;e 6¼3½ esa ;g Áko/kku gS fd ^* fdlh vLFkk;h deZpkjh ds] fcuk fdlh O;o/kku ds fdlh Hkh fu;fer isa’ku ;ksX; in ij lafofy;u fd;s tkus ij 1 tuojh 1974 ls vkxs dh xbZ lsok] c’krsZ fd ,slh lsok 6 o”kZ ls de dh u gks] isa’ku ds fy;a fxuh tk;sxh] ekuks fd ,slh lsok fdlh fu;fer in ij dh xbZ gksA^* y?kqosru deZpkjh la?kksa }kjk jkT; ‘kklu ds /;ku esa yk;k x;k gS fd dqN foHkkxksa }kjk vgZrkdkjh lsok dh x.kuk gsrq mä fu;eksa ds rgr vLFkkbZ lsok dks ‘kkfey ugha fd;k tk jgk gSA leLr foHkkxksa ls vuqjks/k gS fd os mDr Áko/kkuksa dks vius v/khuLFk dk;kZy;ksa ds /;ku esa yk;s rFkk buds vk/kkj ij vgZrkdkjh lsok dh x.kuk djrs gq, yafcr isa’ku Ádj.kksa dk rRdky fujkdj.k djus gsrq funsZf’kr djsaA” 10. The circular provides that on absorption of a temporary employee in a regular pensionable post without any break, the service rendered from 1st January, 1974 onwards, provided such service is not less than 6 years, shall be counted for pension as if such service had been rendered in a regular post. In light of the circular dated 28.02.2018 issued by the State and earlier circulars dated 30.01.1996 02.03.2005, since the petitioner has completed 06 years of service, therefore, the petitioner is entitled to get family pension under the Rules of 1979. 11. Accordingly, the instant writ petition is allowed. The respondents are directed to release pensionary benefits to the petitioner as indicated above within two months from the date of receipt of copy of this order. Sd/- (Narendra Kumar Vyas) Judge Bhumika