Partly allowed

Shiv Kumar Sharma v. State of Chhattisgarh

Chhattisgarh HC18 Jun 2024WPS/401/2022

Case brief

AI extract

What is this about?

The High Court allowed these writ petitions in part, directing the State to grant the 3rd time-bound pay scale to retired Work Charge and Contingency Paid employees as per a 2024 circular, and to process leave encashment in accordance with earlier case law.

What did the court decide?

Direction to grant 3rd pay scale within 03 months and release leave encashment within 02 months.

Shiv Kumar Sharma Vs State of… — Pension and Retirement Benefits | Chhattisgarh HC (2024)

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Page 1 of 6

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPS No. 6811 of 2021

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Tamradhwaj Sharma S/o Late Shri Puran Prasad Mishra Aged About 65 Years R/o Ward 42, Street No. 1, Kasaridih, Durg, District Durg (Chhattisgarh), District : Durg, Chhattisgarh.

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---- Petitioner

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Versus

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State of Chhattisgarh Through The Secretary, Department of Water Resource, Capital Complex, Atal Nagar, Raipur (Chhattisgarh), District : Raipur, Chhattisgarh.

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Engineer-In-Chief, Water Resource Department, Sinchai Bhawan, Civil Lines, Raipur, District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh.

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Executive Engineer (E & M Division) Light Machinery, Water Resource Department, Raipur, District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh.

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Joint Director Kosh Lekha and Pension, Raipur, District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh.

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---- Respondents

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WPS No. 401 of 2022

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Shiv Kumar Sharma S/o Late Shri Kamta Prasad Sharma Aged About 63 Years R/o Chhuikhadan District Rajnandgaon Chhattisgarh.

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---- Petitioner

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Versus

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State of Chhattisgarh Through The Secretary, Department of Water Resource , Capital Complex, Atal Nagar Raipur Chhattisgarh.

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Engineer In Chief Water Resource Department , Sinchai Bhawan, Civil Lines Raipur District Raipur Chhattisgarh.

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Executive Engineer (E & M Division) Light Machinery , Water Resource Department Balodabazar Bhatapara Chhattisgarh.

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Joint Director Kosh Lekha and Pension , Raipur District Raipur Chhattisgarh.

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---- Respondents

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WPS No. 414 of 2022

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Firturam Sahu S/o Late Shri Dev Singh Sahu Aged About 64 Years R/o Sikola Basti, Jayanti Nagar , Ward No. 16, Durg , District Durg Chhattisgarh.

---- Petitioner

Versus

Page 2 of 6

State of Chhattisgarh Through The Secretary, Department of Water Resource, Capital Complex , Atal Nagar Raipur Chhattisgarh.

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Engineer In Chief Water Resource Department , Sinchai Bhawan, Civil Lines Raipur District Raipur Chhattisgarh.

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Executive Engineer (E & M Division) Light Machinery Water Resource Department , Raipur District Raipur Chhattisgarh.

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Joint Director Kosh Lekha and Pension Raipur , District Raipur Chhattisgarh.

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---- Respondents

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WPS No. 6812 of 2021

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Devendra Nath Patel S/o Shri Meghnath Singh Patel Aged About 64 Years R/o Patel Niwas, Ward No. 2, Rajiv Nagar, Durg, District- Durg (C.G.)

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---- Petitioner

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Versus

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State of Chhattisgarh Through- The Secretary, Department of Water Resource, Capital Complex, Atal Nagar Mahanadi Bhavan, Naya Raipur District Raipur (C.G.)

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Engineer-In-Chief Water Resource Department, Sinchai Bhawan, Civil Lines, Raipur District- Raipur (C.G.)

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Executive Engineer (E & M Division) Light Machinery, Water Resource Department, Raipur, District Raipur (C.G.)

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Joint Director Kosh Lekha and Pension, Raipur, District- Raipur (C.G.)

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---- Respondents

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WPS No. 6979 of 2021

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Gyaneshwar Sahu S/o Late Shri Bhagwatram Sahu Aged About 63 Years R/o L-9, Adarsh Nagar, Kasaridih, Ward No. 43, Durg, District Durg Chhattisgarh, District : Durg, Chhattisgarh

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---- Petitioner

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Versus

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State of Chhattisgarh Through The Secretary, Department of Water Resource, Capital Complex, Atal Nagar, Raipur (Chhattisgarh), District : Raipur, Chhattisgarh

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Engineer In Chief, Water Resource Department, Sinchai Bhawan, Civil Lines, Raipur, District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh

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Executive Engineer (E & M Division) Light Machinery, Water Resource Department, Raipur, District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh

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Joint Director Kosh Lekha and Pension, Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

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Page 3 of 6

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---- Respondents

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WPS No. 7099 of 2021

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Subhash Chandra Parganiha S/o Late Shri Girdhar Prasad Parganiha Aged About 64 Years R/o. Behind Talwar Bhawan, Subhash Nagar, Durg, District Durg Chhattisgarh.

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---- Petitioner

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Versus

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State of Chhattisgarh Through The Secretary, Department of Water Resource, Capital Complex, Atal Nagar, Raipur Chhattisgarh.

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Engineer - In Chief, Water Resource Department, Sinchai Bhawan Civil Lines, Raipur, District Raipur Chhattisgarh.

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Executive Engineer (E & M Dvision) Light Machinery, Water Resource Department, Raipur, District Raipur Chhattisgarh.

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Joint Director Kosh Lekha and Pension, Raipur, District Raipur Chhattisgarh.

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---- Respondents

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For Petitioners : Mr. Sudeep Johri, Advocate For State : Mr. Suyashdhar Badgaiyan, Dy. Government Advocate

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Hon'ble Shri Justice Narendra Kumar Vyas

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Order on Board

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19.06.2024

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Since an identical issue and common question of facts are involved in the bunch of these writ petitions, they are heard analogously and are being decided by this common order. The details of the writ petition number, appointment and retirement date of the petitioners are as under:-

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S.No.	Case No.	Date of Appointment	Date of Retirement
1.	WPS/6811/2021	16.05.1980	30.04.2018
2.	WPS/401/2022	16.06.1980	31.03.2020
3.	WPS/414/2022	02.05.1990	30.11.2019
4.	WPS/6812/2021	31.12.2007	30.03.2019
5.	WPS/6979/2021	16.06.1980	31.07.2019
6.	WPS/7099/2021	31.12.2007	31.12.2019

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Page 4 of 6

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This Court has taken into consideration the facts of the case in WPS No. 6811 of 2021 which will be treated as lead case.

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The petitioner was working as Work Charge and Contingency Paid Employee and a retired employee of Water Resources Department who joined his services and became permanent employee on 18.08.1990 and retired from service on 30.04.2018 as Helper.

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The grievance of the petitioner is that he is Work Charge Employee and has been given only 1^st and 2^nd time bound Kramonnati which is being given to the regular employee of the State Government, thus the petitioner has been discriminated and it is also the contention of the petitioner that he has not been paid the leave encashment.

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Learned counsel for the petitioners would submit that the State Government in its latest decision has considered the grievance of the employees workings as Work Charge and Contingency Paid Employees and has taken a policy decision to grant 3^rd Time Bound Kramonnati to the employees working in the Work Charge and Contingency Paid System. To substantiate his submission he would refer to circular dated 16.02.2024 which is being reproduced as under:

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Page 5 of 6

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He would further submit that grant of leave encashment to the Work Charge Employee has already been considered by this Court in case of Faguvaram Patel & others Vs. State of Chhattisgarh and since the petitioners are similarly situated employees therefore, they are also entitled to get benefit of leave encashment as per law laid down by this Court in case of Faguaram (supra) and would pray for allowing the writ petition.

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On the other hand learned counsel for the State would submit that the employees are working in the Work Charge and Contingency Paid Employees and have been granted Two Time Bound Kramonnati as per the circular issued by the State Government and subsequently after filing of the writ petition and after retirement of the petitioners as they stood retired in the year 2018-20, as such, the subsequent circular dated 16.02.2024 is not applicable and would pray for dismissal of the writ petitions.

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I have heard learned counsel for the parties and perused the record.

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Considering the fact that the Government has already modified the earlier circular of dated 28.01.2011 which has been referred by the State through its circular dated 16.02.2024 providing grant of third time bound pay scale to the employees working in the work charged contingency department, this circular has been made effective from 01.01.2017, as such it will be applicable in case of the petitioner who stood retired after application of the circular. Thus, the respondent is directed to consider the case of

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Page 6 of 6

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the petitioners for grant of third pay scale strictly in accordance with the policy/circular issued in this regard by the State Government within time period of 03 months from the date of receipt of copy of the order.

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So far as grant of leave encashment is concerned this issue is no more res integra as this Court in case of Faguvaram Patel & others Vs. State of Chhattisgarh [WPS No. 3870 of 2021 (decided on 30.09.2022)] has already examined the provisions of the Work Charge and Contingency Paid Employees Leave Rules and has granted the benefits to the work charged contingency paid employees. Therefore, the respondents are directed to examine the case of the petitioner in terms of Faguvaram (Supra) and release the admissible leave encashment amount to the petitioners expeditiously within 02 months from the date of receipt of copy of the order.

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With the aforesaid observations and directions, the Writ Petition(S) are allowed in part.

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Sd/(Narendra Kumar Vyas) Judge

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Bhumika

Shiv Kumar Sharma v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Shiv Kumar Sharma v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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