1 2025:CGHC:44830 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 993 of 2020 1 - Neguram Sahu S/o Bhaduram Sahu Aged About 63 Years R/o Kridutt Colony, Laxmi Nivas Chowk, Gokulpur, Tahsil And District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh --- Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Water Resources, Capital Complex, New Raipur, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Chief Engineer, Department Of Water Resources, Shankar Nagar, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - Executive Engineer, Jal Prabandh Sambhag Code No. 38, Rudri, District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh 4 - Joint Director, Kosh Lekha Avam Pension, Raipur Division, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh --- Respondent(s) WPS No. 1002 of 2020 1 - Radheshyam Sahu S/o Parauram Sahu Aged About 65 Years R/o Village Janwar Post Arodhi Tahsil And District Dhamtari, Chhattisgarh, District : Dhamtari, Chhattisgarh ---Petitioner RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.09.08 12:02:56 +0530 2 Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Water Resources, Capital Complex, New Raipur, Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 2 - Chief Engineer Department Of Water Resources, Shankar Nagar, Raipur, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 3 - Executive Engineer Water Management Division Rudri, District Dhamtari, Chhattisgarh, District : Dhamtari, Chhattisgarh 4 - Joint Director Kosh Lekha Avam Pension, Raipur Division, Raipur, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh --- Respondent(s) WPS No. 1426 of 2020 1 - Hooblal Sharma S/o Late Narsingh Prasad Sharma Aged About 64 Years R/o Krishna Nagar, Rudri, Post Rudri, District Dhamtari, Chhattisgarh., District : Dhamtari, Chhattisgarh ---Petitioner Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Water Resources, Capital Complex, New Raipur, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2 - Chief Engineer Department Of Water Resources, Shankar Nagar, Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 3 - Executive Engineer Mahanadi Jalasay Pariyojna No. 1, Gangrel, District Dhamtari, Chhattisgarh., District : Dhamtari, Chhattisgarh 4 - Joint Direcotr Kosh Lekha Avam Pension, Raipur Division, Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh --- Respondent(s) (Cause title taken from Case Information System) 3 For Petitioners : Mr. Sudeep Johri, Advocate For State/Respondents : Mr. Ritesh Giri, Panel Lawyer Hon'ble Shri Justice Naresh Kumar Chandravanshi Order on Board 03/09/2025 1. Since the issue involved in all the writ petitions is similar, they are being heard and decided by this common order. 2. By filing instant writ petitions under Article 226 of the Constitution of India, the petitioners have prayed that the service rendered by them as daily wage employees before they were regularized in the department under the respondents, should also be counted as qualifying service in respect of entitlement of full pension and other retiral dues on completion of service on their retirement. [For the sake of convenience, WPS No. 993/2020 would be taken-up as lead case] 3. At the outset, learned counsel for the petitioners submits that after superannuation of the petitioner on 30.09.2018, amount of gratuity has been paid to him counting past service rendered by him as daily wage employee, i.e. from 26.05.1976. He further submits that since amount of gratuity has already been paid to the petitioner counting his past service rendered by him as daily wages employee, as such, that period also be counted for the purpose of grant of pension to him. 4 4. Per contra, learned counsel for the State submits that during the period, i.e. from 26.05.1976 to 27.07.1995, the petitioner was not regularized in service, therefore, he is not entitled to get the benefit of counting aforesaid period for pension purpose. 5. I have heard learned counsel for the parties and perused the material available on record. 6. The issue involved in the instant petitions stands squarely covered by the decision of the Division Bench of this Court in the case of Lakhanram Sahu & Ors. Vs. State of Chhattisgarh & Ors. , WA No.281/2013 and other analogous appeals, decided on 26.02.2015, which has further been reiterated by learned Division Bench in Writ Appeal No.139/2022 (State of Chhattisgarh & Ors. vs. Dayanand Mudaliar). 7. Common Order dated 17.5.2018 passed by learned Single Judge of this Court in WPS No.3719/2018 & WPS No.3728/2018, was upheld by the learned Division Bench in WA No.139/2022. It has been observed in para 3 of order dated 17.5.2018 that Finance Department has also issued Circular on 28.02.2018 for counting past services of daily wage employees for pensionable service. Para 3 of the aforesaid order is reproduced as under:- “3. In addition, it is also relevant to take note of the fact that the Finance department of the State of Chhattisgarh vide a circular No.8/2018, dated 28.02.2018 have held that the period of the Daily wage employees, who have been regularized subsequent to 01.11.2004, their past services as daily wage employee would also be treated as pensionable service.” 5 8. In view of the aforesaid factual matrix of the case and the judgment rendered by the learned Division Bench in afore cited cases, this Court is of the opinion that ends of justice would meet if these writ petitions itself are disposed of with a direction to respondents No.1 to 4 to take all necessary steps to ensure that the services rendered by the petitioners as daily wage employees and if the petitioners have been as a daily wage employees itself regularized in the department, then their period rendered as daily wage employees may also be treated as pensionable service. 9. With aforesaid observation and direction, all the writ petitions stand allowed and disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge Ravi Mandavi