1 2025:CGHC:51558 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 10468 of 2019 Loknath Yadav S/o Late Prabhu Ram Yadav Aged About 66 Years Retired Spot Assistant, R/o Village Nawapara (Parsada) (B), Post Sorid, Tahsil And District Mahasamund, Chhattisgarh. ... Petitioner. versus 1 - State Of Chhattisgarh Through The Secretary, Water Resource Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh. 2 - The Executive Engineer Water Resources Division, Mahasamund District Mahasamund C.G. 3 - The Sub-Divisional Officer Top Work Kodar Nahar, Sub-Division-1 Mahasamund District Mahasamund, C.G. 4 - The Joint Director Treasury, Accounts And Pension, Raipur, District Raipur, Chhattisgarh. ... Respondents. For Petitioner : Shri K.P. Sahu, Advocate. For State/Respondent : Shri Ritesh Giri, Panel Lawyer. Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 16/10/2025 1. This Petition has been filed for counting the service period rendered by AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.10.16 15:29:23 +0530 2 the petitioner as a temporary employee as pensionable service, in accordance with the Circular dated 02.03.2005 issued by the State of Chhattisgarh. The said period has not been counted because the petitioner was regularized on the post of Spot Assistant by order dated 26.04.1999, though he was initially appointed as a daily wager on 01.09.1976. 2. There is no dispute regarding the date of the petitioner’s initial joining in service as a contingent employee, whose services were governed by the provisions of the Workcharged & Contingency Fund Paid Employees Pension Rules, 1979. The petitioner was regularized on the post of Spot Assistant by order dated 26.04.1999, though he was initially appointed as a daily wager on 01.09.1976. Therefore, his services is countable from the date of his initial appointment for the purpose of his pension calculation. However, the State has considered his service only from the date of his regularization. 3. Learned State counsel would submit that the identical issue is pending before the Hon’ble Supreme Court in SLP (Civil) Nos.8677-8678/2023. He would further submit that Hon’ble Supreme Court has stayed the orders passed by the Hon’ble Single Bench and the Hon’ble Division Bench of this Court and an interim stay has also been granted in favour of the State. He submits that this Petition may be disposed of in terms of the order dated 14.10.2024 passed in WPS No.10696 of 2019 {Bhagbali Kashyap vs. State of Chhattisgarh and others} and other connected matters by the Coordinate Bench of this Court, with a direction that if SLP (Civil) Nos.8677-8678/2023 is decided in favour of the petitioner, 3 the respondents shall extend the benefit to the petitioner without any further delay and if the grievance of the petitioner still subsists thereafter, a liberty may be granted to the petitioner to file a fresh petition raising his grievances. 4. In view of the aforesaid submission, this Court deems it appropriate to dispose of this Writ Petition in terms of the order dated 14.10.2024 passed in WPS No.10696 of 2019 {Bhagbali Kashyap vs. State of Chhattisgarh and others} and other connected matters. Ordered accordingly. 5. Accordingly, this Writ Petition stands disposed of with the aforesaid observations/directions and liberty granted to the petitioner. 6. Pending interlocutory application, if any, stand disposed of. Sd/- (Deepak Kumar Tiwari) Judge Avinash