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2025 DAILYLAW 61065 (CHH)

BHAGWAT PRASAD CHOUDHARY v. STATE OF CHHATTISGARH

WPS/3371/2020 · 2025-12-10

Shri Deepak Kumar Tiwari

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Judgment text

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1 2025:CGHC:60229 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3371 of 2020 Bhagwat Prasad Choudhary S/o Late Shri Arjun Lal Choudhary Aged About 66 Years R/o Village And Post Chhatoud, Via Baikunth, District Raipur Chhattisgarh. --- Petitioner. versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Water Resources, Capital Complex, New Raipur, Raipur Chhattisgarh. 2 - Chief Engineer Department Of Water Resources, Shankar Nagar, Raipur, District Raipur Chhattisgarh. 3 - Deputy Director Kosh Lekha Avam Pension, Raipur Division, Raipur, District Raipur Chhattisgarh. --- Respondents. WPS No. 3576 of 2020 Velichand Meshram S/o Late Maruti Meshram Aged About 64 Years R/o Sharda Nagar, Collectorate Road, Rudri, Post Rudri, District Dhamtari, Chhattisgarh. ---Petitioner. Versus AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.12.11 16:18:15 +0530 2 1 - State Of Chhattisgarh Through The Secretary, Department Of Water Resources, Capital Complex, New Raipur, Raipur, Chhattisgarh. 2 - Chief Engineer Department Of Water Resources, Shankar Nagar, Raipur, District Raipur, Chhattisgarh. 3 - Executive Engineer Mahanadi Jalasay Pariyojna, 2nd Phase Works Department, Shankar Nagar, Raipur, District Raipur, Chhattisgarh. 4 - Deputy Director Kosh Lekha Avam Pension, Raipur Division, Raipur, District Raipur, Chhattisgarh. --- Respondents. For Petitioners : Shri JK Gupta, Advocate. For State/Respondents : Shri Santosh Soni, Govt. Advocate and Shri Amandeep Singh, Panel Lawyer. SB : Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 11/12/2025 1. Default, as pointed out by the Registry is ignored. 2. WPS No. 3371 of 2020 has been filed under Article 226 of the Constitution of India for the following reliefs:- "1-That the Hon'ble Court may be kind enough to call the record of the petitioner. 2-That the Hon'ble court may kind enough to issue a writ/Writs, Order/Orders, Direction/Directions and to direct the respondents to add the services rendered by the petitioner as daily wagers. 3 3-That the Hon'ble Court may be kind enough to order the respondent no.4 to reassess the pension after the addition of increment in the salary of the petitioner as well as outcome of the pay commissions applicable to the petitioner during his tenure as employee. 4-That the Hon'ble Court may be kind enough to pass any appropriate writ, order or direction to the respondents as deemed fit in the circumstances of the case.” 3. WPS No. 3576 of 2020 has been filed under Article 226 of the Constitution of India for the following reliefs:- “1- That the Hon'ble Court may be kind enough to call the record of the petitioner. 2-That the Hon'ble court may kind enough to issue a writ/Writs, Order/Orders, Direction/Directions and to direct the respondents to comply the orders of this Hon'ble Court and to command the respondents to add the services rendered by the petitioners as daily wagers in the pensionable service. 3-That the Hon'ble Court may be kind enough to pass any appropriate writ, order or direction to the respondents as deemed fit in the circumstances of the case.” 4. Since the issues raised in both the above captioned petitions are the one and the same and the subject-matter also being similar, they are taken up for analogous hearing and are being disposed of by this common order. 4 5. 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 benefit 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 file a fresh petition raising their grievances." 6. In view of such submission, learned counsel for the petitioners prays to dispose of these petitions in terms of the aforesaid order. 7. Learned State counsel would not oppose the aforesaid submission. 8. Having regard to the aforesaid submissions and considering that identical issue is pending before the Hon'ble Supreme Court and also 1 Bhagbali Kashyap Vs. State of CG and Ors and connected matters decided on 14.10.2024 {2024:CGHC:40132} 5 considering the order passed by the co-ordinate Bench of this Court in the aforesaid case, this Court deems it appropriate to dispose of these writ petitions 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 petitioners without any further delay. Further, if grievance of the petitioners still exist, they shall be at liberty to raise their grievance in accordance with law. 9. Accordingly, both the writ petitions are disposed of in terms of order dated 14.10.2024 passed in WPS No.10696/2019 and other connected matters. 10.Pending application, if any, stands disposed of. Sd/- (Deepak Kumar Tiwari) Judge Shyna/Avinash