Dheluram Kanwar Vs State of Chhattisgarh

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2025:CGHC:58814

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 6299 of 2019

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1 - Dheluram Kanwar S/o Bijhawar Kanwar Aged About 67 Years R/o Devkatta, Tahsil And District- Rajnandgaon, Chhattisgarh

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--- Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through Its Secretary, Public Works Department, Mantralaya, Naya Raipur, District- Raipur, Chhattisgarh

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2 - Sub Divisional Officer, Public Works Department (B And R), Dongargarh, District- Rajnandgaon, Chhattisgarh.

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3 - Superintendent Engineer, Public Works Department, Durg, Division, Durg, Chhattisgarh

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4 - Executive Engineer, Public Works Department Khairagarh Division, Khairagarh, District- Rajnandgaon, Chhattisgarh.

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--- Respondent(s)

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WPS No. 9929 of 2019

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Mohan Lal Tiwari S/o Late Bhagwat Prasad Tiwari Aged About 68 Years, R/o Sildaha Tahsil Kota, District Bilaspur, Chhattisgarh

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--- Petitioner(s)

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Digitally signed SHYNAAJAY by SHYNA AJAYDN: cn=SHYNAAJAY,o=PERSONAL,st=Chhattisgarh,c=IN

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Versus

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2

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1 - State Of Chhattisgarh, Through The Secretary, Water Resources Department Mahanadi Bhawan Atal Nagar Raipur, Chhattisgarh

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2 - Chief Engineer Hasdev Kachhar Water Resources Department Bilaspur, District Bilaspur, Chhattisgarh

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3 - Executive Engineer Water Resources Department Division Kota, District Bilaspur, Chhattisgarh.

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4 - Joint Direction, Pension & Accounts Treasury Department, Bilaspur, District Raipur, Chhattisgarh

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5 - Sub Divisional Officer, Water Resources Department Kota, District Bilaspur, Chhattisgarh

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--- Respondent(s)

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WPS No. 9258 of 2019

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Mangalchand Sahu S/o Thanvar Ram Sahu, Aged About 67 Years, R/o Village Sahsa, Tahsil Palari, District Baloda Bazar-Bhatapara, Chhattisgarh

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--- Petitioner(s)

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Versus

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1 - State Of Chhattisgarh, Through The Secretary, Water Resources Department Mahanadi Bhawan Atal Nagar, Raipur, Chhattisgarh

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2 - Executive Engineer Water Resources Department Sub-Division 02 District Baloda Bazar-Bhatapara, Chhattisgarh

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3 - Joint Directon, Pension And Accounts Treasury Department, Raipur, District Raipur, Chhattisgarh

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4 - Sub Divisional Officer, Water Resources District Sub Division No 05, Kanki District Raipur, Chhattisgarh

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--- Respondent(s)

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WPS No. 9264 of 2019

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Uttam Kumar Pandey S/o. Jagdish Prasad Pandey, Aged About 64 Years, R/o. Gandhi Nagar Ratanpur, District-Bilaspur Chhattisgarh

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--- Petitioner(s)

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Versus

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1 - State Of Chhattisgarh Through The Secretary, Water Resources Department Mahanadi Bhawan Atal Nagar Raipur Chhattisgarh

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2 - Executive Engineer Water Resources Department Division Kota, District Bilaspur Chhattisgarh

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3 - Joint Direction Pension And Accounts Treasury Department, Bilaspur, District Raipur Chhattisgarh

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4 - Sub Divisional Officer, Water Resources Department Kota, District Bilaspur Chhattisgarh

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--- Respondent(s)

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WPS No. 884 of 2020

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Rajesh Kumar Agrawal S/o Late Shri U.N. Agrawal, Aged About 59 Years, Working on the Post of Assistant Grade 3, Office Of Chief Engineer, Mahanadi Project, Water Resources Division Raipur , District Raipur Chhattisgarh.

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--- Petitioner(s)

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Versus

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1 - State Of Chhattisgarh Through The Secretary, Water Resources Department Matralaya, Mahanadi Bhawan, New Raipur Chhattisgarh

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2 - The Under Secretary, Government Of Chhattisgarh, Water Resources Department Matralaya , Mahanadi Bhawan, New Raipur Chhattisgarh

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3 - The Engineer - In Chief, Water Resources Department Mahanadi Godawari Basin, Raipur , District Raipur Chhattisgarh

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4 - The Chief Engineer, Water Resources Department, Mahanadi Godawari Basin, Raipur Chhattisgarh

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5 - The Superintendent Engineer, Water Resources Department Raipur , District Raipur Chhattisgarh.

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6 - The Executive Engineer Water Management, Division No. 2, Baloda Bazar, District Baloda Bazar Chhattisgarh

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7 - The Joint Director, Treasury, Account And Pension Raipur , District Raipur Chhattisgarh

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--- Respondent(s)

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WPS No. 8805 of 2019

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Narendra Kumar Upadhyay S/o Late Rajaram Upadhyay, Aged About 66 Years R/o Village Kargikhurd, Tahsil Kota, District Bilaspur Chhattisgarh

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--- Petitioner(s)

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Versus

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1 - State Of Chhattisgarh Through The Secretary, Water Resources Department Mahanadi Bhawan, Atal Nagar, Raipur Chhattisgarh

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2 - Executive Engineer, Water Resources Department Division Kota, District Bilaspur Chhattisgarh

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3 - Joint Direction, Pension And Accounts Treasury Department, Bilaspur District Raipur Chhattisgarh

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4 - Sub Divisional Officer, Water Resources Department, Ghongha Zalasay Kota, District Bilaspur Chhattisgarh

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--- Respondent(s)

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WPS No. 880 of 2020

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Nand Kumar Jaiswal S/o Late Shri Samit Ram Jaiswal, Aged About 64 Years Retired on the Post Of Assistant Grade 3, Office Of Chief Engineer, Mahanadi Project, Irrigation Department Raipur, District Raipur Chhattisgarh

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--- Petitioner(s)

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Versus

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1 - State Of Chhattisgarh Through The Secretary, Water Resources Department Mantralaya, Mahanadi Bhawan, New Raipur Chhattisgarh

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2 - The Under Secretary, Government Of Chhattisgarh, Water Resources Department Mantralaya, Mahanadi Bhawan, New Raipur Chhattisgarh

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3 - The Engineer- In Chief, Water Resources Department Mahanadi Godawari Basin, Raipur, District Raipur Chhattisgarh

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4 - The Chief Engineer, Water Resources Department Mahanadi Godawari Basin, Raipur Chhattisgarh

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5 - The Superintending Engineer, Water Resources Department Raipur, District Raipur Chhattisgarh

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6 - The Executive Engineer, Water Management, Division No. 2 Baloda Bazar, District Baloda Bazar Chhattisgarh

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7 - The Joint Director, Treasury, Account And Pension Raipur, District Raipur Chhattisgarh

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--- Respondent(s)

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WPS No. 9248 of 2019

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1 - Chandrashekhar Pandey S/o Firtu Prasad Pandey Aged About 65 Years R/o Kota , Tahsil Kota, Distt. - Bilaspur Chhattisgarh

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2 - Chandrakant Sharma S/o Firtu Prasad, Aged About 63 Years, R/o Village Hardi, Tahsil Pathariya, Distt. - Bilaspur Chhattisgarh

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3 - Rajaram Kashyap S/o Late Hariram Kashyap, Aged About 64 Years, R/o Village

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Chulghat, Tahsil - Takhatpur, Distt. - Bilaspur Chhattisgarh

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4 - Govind Prasad Kaushik S/o Late Ramlochan Kaushik Aged About 64 Years, R/o Village Dhandhan, Tahsil Takhatpur, Distt. Bilaspur Chhattisgarh

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5 - Ramkhilawan Rajak S/o Ghanram Rajak, Aged About 65 Years, Retired Sthal Sahayak, R/o Village Padariya, Tahsil - Takhatpur, Distt. Bilaspur Chhattisgarh

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--- Petitioner(s)

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Versus

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1 - State Of Chhattisgarh Through The Secretary, Water Resources Department Mahanadi Bhawan Atal Nagar Raipur Chhattisgarh

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2 - Executive Engineer Water Resources Department Division Kota , District Bilaspur Chhattisgarh

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3 - Joint Direction, Pension And Accounts Treasury Department , Bilaspur , Distt. Raipur Chhattisgarh --- Respondent(s)

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For Petitioner(s) in WPS : Mr. Parag Kotecha, Advocate No.6299/2019 For Petitioners in : Mr. Hemant Kesharwani and Mr. Swapnil WPS Nos.8805/2019, Keshari, Advocates and Ms. Neelu Singh, 9248/2019, 9258/2019, Advocate on behalf of Mr. FS Khare, 9264/2019, 9929/2019 Advocate.

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For Petitioners in WPS : None Nos.880/2020 and 884/2020

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For State/Respondent(s) : Mr. Rajeev Bharat, Government Advocate.

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SB.: Hon'ble Mr. Justice Deepak Kumar Tiwari

Order on Board

04/12/2025

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Since the issues raised in all the above captioned petitions are the one and the same and the subject-matter also being similar, they are taken up for analogous hearing and are being disposed of by this common order.

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At the outset, learned counsel for the State would submit that WA No.32/2024 preferred by the State challenging the order dated 18.1.2023 passed by the learned Singh Judge in WPS No.7649/2022 has been dismissed by the Division Bench of this Court vide order dated 31.1.2024. Being aggrieved by the said order, the State had preferred SLP (Civil) Diary No.34177/2025 and the Hon’ble Supreme Court vide order dated 22.8.2025 has stayed the impugned order passed in WA No.32/2024 by observing that the identical issue is pending in SLP (Civil) Diary No.9859/2023. Thereafter, in a Bunch of Writ Petitions bearing WPS No.10696/2019 and other connected cases (decided on 14.10.2024), the Coordinate Bench while disposing of the said writ petitions observed that the judgment passed by the Hon’ble Supreme Court in SLP (C) No.8677-8678/2023 will be applicable mutatis mutandis in respect of the writ petitioners and their entitlement to get additional pension will be governed by the decision of the Hon’ble Supreme Court in the aforesaid SLP.

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Learned counsel for the State would further submit that WA No.32/2024 was dismissed by the Division Bench of this Court in light of the earlier order dated 26.2.2015 passed by the Division Bench in WA No.281/2013 ( Lakhanram Sahu and others Vs.

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State of Chhattisgarh and others ). Against the said Writ Appeal, the State preferred SLP (Civil) No.11541-11550/2016, which was dismissed vide order dated 3.3.2017, on both grounds of delay as well as merits. In Lakhanram Sahu (supra) , the Hon’ble Division Bench has taken a view that after the promulgation of the Chhattisgarh (Work-charged and Contingency paid Employees) Pension Rules, 1979 (in short “the Rules, 1979”) read with Chhattisgarh Vibhag Karyabharit Tatha Aakasmikta Se Vetan Pane Wale Karmchariyon Ki Bharti Tatha Seva Shart Niyam, 1975 (in short “the Rules, 1975”), an employee acquires ‘temporary’ status after five years of service in the work charged establishment by operation of law and further, the term ‘absorption’ has been replaced by the term ‘permanent’ in accordance with Rule 6(1)(i) of the Rules, 1975. Under Rule 6(3) of the Rules, 1979, it is prescribed that even if, the service rendered as a temporary employee is of less than six years, it shall be counted for pension as if such service was rendered in a regular post.

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Learned counsel for the State would further submit that in WA No.32/2024, the respondent therein was appointed as a Daily Wage Employee and the case of the present petitioners is also similar as they too were appointed as Daily Wage employees. He would further submit that in the said case, the State advanced a submission that the position of the respondent therein, having been appointed as a Daily Wager Employee stands on a different

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footing from that of temporary employee and permanent employee for the purpose of the Rules, 1979. However, since the said submission was not accepted in the aforesaid Writ Appeal, the State preferred SLP (C) No.8677-8678/2023 and the order dated 31.1.2024 was stayed.

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Learned counsel for the State also submits that the Coordinate Bench in WPS No.10696/2019 and other connected cases vide order dated 14.10.2024 disposed of the writ petitions with a direction that if SLP (C) No.8677-8678/2023 pending before the Hon’ble Supreme Court is decided in favour of the petitioner(s), the respondents shall extend the benefit of the same to the petitioner(s) without any further delay. Furthermore, this Court has also disposed of WPS No.990/2020 in terms of the said order dated 14.10.2024, vide order dated 20.11.2025. He prays that all these petitions may also be disposed of in similar terms.

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Learned counsel for the respective petitioners would not oppose the aforesaid legal proposition. However, learned counsel for the respective petitioners submit that a liberty may be reserved in favour of the petitioners to raise their grievance, if any, in accordance with law.

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Having considered the submissions of learned counsel for the parties and considering the fact that the identical issue is pending before the Hon’ble Supreme Court, this Court deems it appropriate to dispose of all the Writ Petitions in terms of the order dated 14.10.2024 passed in WPS No.10696/2019 and other

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connected cases. Ordered accordingly.

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