2025:CGHC:58387 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 13511 of 2025 1 - Ramesh Kumar Mahobe S/o Late Shri Lakhanlal Mahobe, Aged About 63 Years R/o Soni Mohalla, Ward No. 123, Post- Khairagarh, Distt. Khairagarh- Chuikhadan- Gandai (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Under Secretary, Department Of Panchayat And Rural Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur (C.G.) 2 - Block Development Officer (Chief Executive Officer) Janpad Panchayat, Khairagarh, Post- Khairagarh, Distt. Khairagarh- Chuikhadan- Gandai (C.G.) ... Respondents For Petitioner : Ms. Smita Jha, Advocate. For State : Mr. Keshav Gupta, Govt. Advocate. Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 02/12 /2025 1. This petition has been filed by the petitioner for grant of pension, leave encashment and other retiral dues. 2. The brief facts as reflected from records are that the petitioner was initially appointed on the post of Time Keeper (Grade-IV) vide order dated 12.03.1987 as daily wages employee and his services were terminated vide order dated 10.03.1989. The said termination order was challenged before the Labour Court by which the Labour Court vide order dated 20.07.2004 directed for reinstatement of the petitioner with backwages and also directed to deduct the salary from 16.01.1996 to 04.01.2000. In view of the direction issued by the Labour Court, the respondents reinstated the petitioner but they did not regularize services of the petitioner though the State has issued circular dated ARUN KUMAR DEWANGAN Digitally signed by ARUN KUMAR DEWANGAN Date: 2025.12.02 18:47:44 +0530 05.03.2008 regarding regularization of the daily wages employees who have been appointed prior to 31.12.1988, therefore, the petitioner filed petition before this Court bearing WPS No. 2519/2018 for regularization of his services and this Court vide order dated 22.03.2018 has passed following order:- “9. Giving the aforesaid facts and circumstances of case this Court is of the opinion that the period between the date of termination and date of reinstatement can be considered for grant of regularization. Therefore, the respondent No.2 is directed to consider this period i.e. from 1987 onwards for regularization in view of the circular of State Government dated 05.03.2008. 10. Let the respondent No.2 pass a suitable order in this regard within a period of 3 months from the date of receipt of copy of this order.” 3. In pursuance of the direction issued by this Court, the respondents have regularized services of the petitioner on 05.03.2019 on the post of Peon who stood retired on 21.07.2024 but he is not being granted pensionary benefit, therefore, he has filed the instant writ petition before this Court. 4. The issue involved this petition is no more res integra as this Court in case of Smt. Kamin Bai Verm Vs. State of Chhattisgasrh [WPS No. 10244/2025 (decided on 12.11.2025)] considering the circular issued by erstwhile State of Madhya Pradesh on 31.01.1996 and the subsequent circular issued in this regard has examined the issue and has passed following order:- “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 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.” 5. In view of the above, the respondents are directed to consider case of the petitioner in terms of order passed by this Court in Smt. Kamin Bai Verma (supra) considering six years qualifying service for grant of pension as per Rules, 1979 within four weeks from the date of receipt of copy of this order. 6. Accordingly, the instant writ petition is partly allowed. Sd/- (Narendra Kumar Vyas) Judge Arun