Asha Jog Vs State Govt Of Chhattisgarh — Chhattisgarh HC (2024) — LawSathi Research

Asha Jog Vs State Govt Of Chhattisgarh — Chhattisgarh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of with a direction that the petitioner may file a fresh representation (with a copy of the order and relevant circulars) before the competent Authority within one month, and the competent Authority shall decide it strictly in accordance with applicable rules and directions within 4 months of receipt; no order as to cost(s).

Issue for consideration

Whether the petitioner, whose post-regularization service (7 years, 9 months and 28 days) falls short of the minimum qualifying service of 10 years required under the CG Civil Service (Pension) Rules, 1976, is entitled to pension benefits.

Court's answer

On the petitioner filing a fresh representation along with a copy of the order and the relevant circulars before the competent Authority within one month, the respondents/competent Authority shall decide her representation strictly in accordance with applicable rules and directions within 4 months from the date of receipt of such representation.

Key takeaways

The observations made in the order shall not be construed as an opinion on the merits of the case.obiter¶22

Detailed headnote1 paragraphs

Chhattisgarh High Court (Bilaspur), WPS No. 5235 of 2017, decided 02.02.2024 by Deepak Kumar Tiwari, J.: A 72-year-old retired Assistant Grade-3 of Municipal Corporation, Durg, appointed as a daily wage employee on 20.10.1984 and regularized on 26.04.1997, sought pension benefits; her claim had been rejected because her post-regularization service of 7 years, 9 months and 28 days fell short of the minimum qualifying service of 10 years under the CG Civil Service (Pension) Rules, 1976. Noting the CG Finance Department's Instruction No.30/2018 dated 26.05.2018 on pension eligibility and the Urban Administration and Development Department's circular dated 16.01.2019 directing authorities to decide pension cases of Class-III and Class-IV employees in light thereof, and with the State not opposing the limited prayer, the Court disposed of the petition directing that on a fresh representation being filed within one month with a copy of the order and relevant circulars, the competent Authority shall decide it strictly in accordance with applicable rules and directions within 4 months of receipt. Observations were expressly not to be construed as an opinion on the merits; no order as to costs.

1

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5235 of 2017

Asha Jog W/o Shri Gopal Rao Jog, aged About 72 Years Retd. Assistant Grade - 3, R/o Teachers Colony, Durg District Durg Chhattisgarh. --- Petitioner.

Versus

State Govt Of Chhattisgarh through The Sectetary, Town Administration And Development Department, Mahanadi Bhavan, New Raipur, Police Station Rakhi, Raipur Chhattisgarh.

Municipal Corporation, Durg Through The Commissioner, Municipal Corporation, Durg Chhattisgarh., District : Durg, Chhattisgarh

--- Respondents.

(CAUSE TITLE DOWNLOADED FROM CIS PERIPHERY)

------------------------------------	-----------------------------------------------------------
For Petitioner	: Mr. Ajay Shrivastava, Advocate.
For Res No.1/State	: Mr. Ashutosh Shukla, PL.
For Res No.2	: None.

Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board

02.02.2024

This petition has been filed seeking direction to the competent Authority to grant pension benefits to the petitioner in view of her appointment as daily wage employee under Municipal Corporation Durg on 20.10.1984 and her regularization by order dated 26.04.1997 (Annexure-R-2/1).

The concerned Authority has earlier rejected the claim of the petitioner on the ground that the petitioner has not completed the minimum qualifying service i.e. 10 years which is required for taking of benefit of pension as per CG Civil Service (Pension) Rules, 1976 and after regularization she has only rendered her services for 7 years, 9 months and 28 days till retirement. Being aggrieved, the petitioner has preferred the instant petition.

2

At the outset, learned counsel for the petitioner submits that during the pendency of this petition certain clarifications have been issued with regard to eligibility of pension by the CG Finance Department vide Instruction No.30/2018 dated 26.05.2018. Thereafter, the Department of C.G. Urban Administration and Development has issued a circular on 16.01.2019 to all the Commissioners, CMOs of the Municipalities and Municipal Corporation and concerned Authorities to decide the cases related to pension of Class-III and Class-IV employees in light of the direction issued by the Finance Department referred to above. In view of the aforesaid, the petitioner be given an opportunity to submit a fresh representation before the concerned Authority and the concerned Authority may be directed to decide her representation in light of the aforesaid circular.

Learned State counsel does not opposes the limited prayer made by the petitioner.

Having regard to the aforesaid submissions, this Court deems it appropriate to direct that on filing a fresh representation by the petitioner along with a copy of this order and relevant circulars before the competent Authority within a period of one month from today, the respondents/competent Authority shall decide her representation strictly in accordance with applicable rules and directions within a period of 4 months from the date of receipt of such representation. Ordered accordingly.

3

With the aforesaid direction, this petition stands disposed of.

It is made clear that the observations made here-in-above shall

not be construed as an opinion on the merits of the case.

No order as to cost(s).

Sd/-

(Deepak Kumar Tiwari) Judge

Ajay.