1 CGHC010268522021 2026:CGHC:27948 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6110 of 2021 1 - Chandrakar Singh Banafer S/o Shri Uttam Singh Banafer Aged About 58 Years Posted As Sub Engineer Public Works Department, O/o Executive Engineer, Division Korba, District Korba, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Public Works Department, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur, Chhattisgarh. 2 - The Engineer In Chief Office Of Engineer In Chief, Public Works Department, Raipur, District Raipur, Chhattisgarh. 3 - The Executive Engineer Public Works Department, Division Korba, District Korba, Chhattisgarh. ... Respondents For Petitioner : Mr. Vibhor Goverdhan, Advocate holding the brief of Mr. Saket Pandey, Advocate For State : Mr. Keshav Gupta, Government Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 07.07 .2026 1. The petitioner has filed the present petition challenging the order dated 26.10.2019 passed by Respondent No. 2, whereby the claim for seniority and grant of regular pay scale from the date of initial appointment has been denied. 2. Learned counsel for the petitioner would submit that the petitioner was initially appointed as daily wage employee and Digitally signed by HEERA LAL SAHU Date: 2026.07.09 10:31:15 +0530 2 thereafter they have been regularized with respondent department, therefore, past service of the petitioner should have been counted for the purpose of pension. He would further submit that Co-ordinate Bench of this Court has already decided the issue raised in this writ petition in favour of the petitioner and thereafter Writ Appeal was also preferred by the State before the Division Bench of this Court and same has been dismissed. 3. Per contra, learned State counsel would submit that against the order passed by the Single Bench as well as Division Bench, the State has filed SLP (Civil) No. 8677-8678/2023 before the Hon’ble Supreme Court wherein the Hon’ble Supreme Court has stayed the order passed by the Single Bench and Division Bench of this Court. The operative part of the order reads as under :- “Delay condoned. Issue notice to the respondents. In the meanwhile, there shall be interim stay of the impugned order”. Thus, he would pray for keeping the proceeding in abeyance.” 4. Considering the submissions and the fact that the issue raised in this writ petition is squarely covered with the issue which is already pending before the Hon’ble Supreme Court, I am of the view that there is no justifiable reason to keep this writ petition pending. 5. Accordingly, this writ petition deserves 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 3 mutatis mutandis in the facts and circumstances of the case of the petitioner and his 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. 8677-8678 of 2023 is decided in favour of the petitioner, the respondents shall extend the benefit to the petitioner without any further delay. It is also directed that if the grievance of the petitioner still exists, the petitioner shall be at liberty to file a fresh petition raising their grievances. 6. With the aforesaid observation(s), direction(s), and liberty granted to the petitioner, this writ petition is disposed of. 7. Pending interlocutory applications, if any, stand disposed of. Sd/- (Rakesh Mohan Pandey) JUDGE H.L. Sahu