Nand Kumar Jaiswal Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

Nand Kumar Jaiswal Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

All eight writ petitions disposed of by common order in terms of the order dated 14.10.2024 passed in WPS No.10696/2019 and other connected cases; entitlement to additional pension to be governed by the decision of the Hon'ble Supreme Court in SLP (C) No.8677-8678/2023, with the benefit to be extended without further delay if that SLP is decided in favour of the petitioners; copy of the order dated 14.10.2024 to be placed on record; pending interlocutory applications, if any, disposed of.

Issue for consideration

Whether the petitioners — retired daily wage/work-charged employees of the Public Works and Water Resources Departments — are entitled to additional pension, the identical issue being pending before the Hon'ble Supreme Court in SLP (C) No.8677-8678/2023. +1 more

Court's answer

By adopting the order dated 14.10.2024 in WPS No.10696/2019 and connected cases, the petitioners' entitlement to additional pension is to be governed by the decision of the Hon'ble Supreme Court in SLP (C) No.8677-8678/2023; per the adopted order, if that SLP is decided in favour of the petitioners, the respondents shall extend the benefit without any further delay.

Ratio / Principle

All the captioned writ petitions are disposed of by this common order in terms of the order dated 14.10.2024 passed in WPS No.10696/2019 and other connected cases ('Ordered accordingly'), the identical issue being pending before the Hon'ble Supreme Court.

Key takeaways

A copy of the order dated 14.10.2024 passed in WPS No.10696 of 2019 is to be placed on record of the present writ petitions.ratio¶¶113
All pending interlocutory applications, if any, also stand disposed of consequent upon the disposal of the writ petitions.ratio¶¶115

Detailed headnote1 paragraphs

Common order of the High Court of Chhattisgarh at Bilaspur (Deepak Kumar Tiwari, J.), dated 04/12/2025, disposing of eight writ petitions — WPS Nos. 6299/2019, 9929/2019, 9258/2019, 9264/2019, 884/2020, 8805/2019, 880/2020 and 9248/2019 — filed by retired daily wage/work-charged employees of the Public Works and Water Resources Departments claiming additional pension. Recounting that WA No.32/2024 (State's appeal against a Single Judge order dated 18.1.2023 in WPS No.7649/2022) was dismissed on 31.1.2024 in light of Lakhanram Sahu v. State of Chhattisgarh (WA No.281/2013, order dated 26.2.2015, engaging the Chhattisgarh (Work-charged and Contingency paid Employees) Pension Rules, 1979 and the Rules of 1975, including Rule 6(1)(i) and Rule 6(3)); that the State's SLP (Civil) No.11541-11550/2016 was dismissed on 3.3.2017; and that the Supreme Court by order dated 22.8.2025 in SLP (Civil) Diary No.34177/2025 stayed the WA No.32/2024 order, noting the identical issue pending in SLP (Civil) Diary No.9859/2023 — the Court, finding the identical issue sub judice in SLP (C) No.8677-8678/2023, disposed of all the petitions in terms of the Coordinate Bench order dated 14.10.2024 in WPS No.10696/2019 and connected cases, whereby entitlement to additional pension is governed by the Supreme Court's decision in that SLP and any benefit flowing therefrom is to be extended without further delay. Copy of the 14.10.2024 order to be placed on record; pending interlocutory applications disposed of.