1 CGHC010325422022 2026:CGHC:37101 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6735 of 2022 1 - Sunil Chandra Sharma S/o Late Shri Hridaylal Sharma Aged About 55 Years Posted As Sub Engineer, Office Of Managing Director Cgridcl, Division Raipur, District : Raipur, Chhattisgarh 2 - Ajay Kumar Mahale S/o Shri G.L. Mahale Aged About 59 Years Posted As Sub Engineer, Office Of Executive Engineer Public Works Department Division Durg, District : Durg, Chhattisgarh 3 - Sagar Kumar Sahu S/o Shri P. R. Sahu Aged About 56 Years Posted As Sub Engineer, Office Of Executive Engineer Public Works Department Division Bemetara, District : Bemetara, Chhattisgarh 4 - Bramhdutt Sharma S/o Shri Yadunath Sharma Aged About 57 Years Posted As Sub Engineer, Office Of Executive Engineer Public Works Department Division Balod, District : Balod, Chhattisgarh 5 - Prashant Kumar Sarkar S/o Shri R. P. Sarkar Aged About 56 Years Posted As Sub Engineer, Office Of Executive Engineer Public Works Department Division No. 2 Bilaspur, District : Bilaspur, Chhattisgarh 6 - Ramesh Kumar Sharma S/o Shri D. D. Sharma Aged About 58 Years Posted As Sub Engineer, Office Of Executive Engineer Public Works Department Division Bemetara, District : Bemetara, Chhattisgarh 7 - Rajesh Kumar Bajpai S/o Shri Sariyu Prasad Bajpai Aged About 55 Years Posted As Sub Engineer, Office Of Executive Engineer Public Works Department Division NIRMALA RAO 2 Kawardha, District : Kawardha (Kabirdham), Chhattisgarh 8 - Ramdayal Patel S/o Shri Tularam Patel Aged About 55 Years Posted As Sub Engineer, Office Of Executive Engineer Public Works Department Division Raigarh, District : Raigarh, Chhattisgarh 9 - Umesh Kumar Patel S/o Shri Nidhiram Patel Aged About 57 Years Posted As Sub Engineer, Office Of Executive Engineer Public Works Department Division Raigarh, District : Raigarh, Chhattisgarh 10 - Rakesh Kumar Shukla S/o Late Shri Kailash Narayan Shukla Aged About 55 Years Posted As Sub Divisional Officer, Public Works Department, Sub Division Patan, Division Durg, District : Durg, Chhattisgarh 11 - Rakesh Gupta S/o Shri Hari Charanlal Gupta Aged About 59 Years Posted As Sub Engineer In The Office Of Project Manager, A. D. B. Project, C.G. Road Development, Public Works Department Division Rajnandgaon Headquarters, Sikolabhata Durg, Chhattisgarh. ... ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Public Works Department, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh 2 - The Engineer In Chief Public Works Department, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh 3 - Director Treasury, Finance And Pension Department, Indravati Bhawan, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh ... Respondent(s) For Petitioners : Shri Vibhor Govardhan, Advocate holding Shri Basant Dewangan, Advocate. For Respondent/ State : Shri T.L. Bareth, P.L. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 19.08.2026 3 1) The petitioners have filed this petition seeking the following relief(s):- “10.1. That, the Hon'ble Court may direct Respondents grant Seniority and Pensionary benefits to the petitioner from their respective initial dates of appointment. 10.2. That, It may be declared that the period spent on duty as work charged and contingency employee by the petitioner may be considered for reckoning the qualifying services for calculating the pension as per Chhattisgarh Civil Services Pension Rules, 1976. 10.3. Any other relief, which this Hon'ble Court may deemed just and fit in facts and circumstances of the case.” 2) Learned counsel for the petitioners would submit that the petitioners were initially appointed as daily-wage employees and were thereafter regularized in the respondent Department. Therefore, their past service ought to have been counted for the purpose of determining their pensionary benefits. He would further submit that a Co-ordinate Bench of this Court has already decided the issue raised in the present writ petition in favour of the petitioners. Thereafter, a writ appeal was preferred by the State before the Division Bench of this Court, which was also dismissed. 3) Per contra, learned State counsel would submit that, against the orders passed by the Single Bench as well as the Division Bench, the State has filed SLP (Civil) Nos. 8677-8678/2023 before the Hon’ble Supreme Court, wherein the Hon’ble Supreme Court has stayed the orders passed by the Single Bench and the Division Bench of this Court. The operative part of the order reads as under: “Delay condoned. Issue notice to the respondents. In 4 the meanwhile, there shall be interim stay of the impugned order”. Thus, he would pray that the proceedings in the present writ petition be kept in abeyance. 4) Considering the submissions made by learned counsel for the parties and the fact that the issue raised in the present writ petition is squarely covered by 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) Nos. 8677-8678/2023 shall be applicable mutatis mutandis to the facts and circumstances of the present case, and the entitlement of the petitioners to additional pension shall be governed by the decision of the Hon’ble Supreme Court in the aforesaid SLP. It is further directed that, if SLP (C) Nos. 8677-8678/2023 is decided in favour of the petitioners, the respondents shall extend the benefit thereof to the petitioners without any further delay. It is also directed that, if the grievance of the petitioners still subsists, they 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 petitioners, this writ petition is disposed of. 7) Pending interlocutory applications, if any, stand disposed of. Sd/- (Rakesh Mohan Pandey) Judge Nimmi