Kheduram Yadu Vs State of Chhattisgarh

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Digitally signed by SIDDHANT SIDDHANT TAMRAKAR TAMRAKAR Date: 2026.04.16 17:34:51 +0530

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2026:CGHC:17366

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 275 of 2021

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Kheduram Yadu S/o Dholuram Yadu, Aged About 65 Years R/o Village And Post Kopra, Tahsil Rajim, District Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh

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Bharat Lal Sahu S/o Muniram Sahu, Aged About 65 Years R/o Village Amapara, Rajim, Post And Tahsil Rajim, District Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh

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Dhaniram Sahu S/o Suklal Sahu, Aged About 64 Years R/o Village Semhartara, Post Kirvai, Police Station And Tahsil Rajim, District Gariyaband Chhattisgarh., District : Gariyabandh, Chhattisgarh

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Indu Kumar Sahu S/o Thanwarram Sahu, Aged About 66 Years R/o Village And Post Nawapara, Bagdehipara, Tarriroad, Block Abhanpur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

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Bhuwan Lal Soni, S/o Motilal, Aged About 66 Years R/o Village Tarri (Nadiya Para, Behind Masjid), P.O. Patewa, Block Abhanpur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

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Pawan Kumar Verma, S/o Shivbagas Verma, Aged About 66 Years R/o Village Chandana, P.O. Bhendri, Tahsil Kurud, District Dhamtari Chhattisgarh, District : Dhamtari, Chhattisgarh

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Baldou Prasad Verma, S/o Udelal Verma, Aged About 66 Years R/o Village Tarri Behind Kailash Ara Mill Ward No. 19, P.O. Patewa, Block Abhanpur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

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Kartik Ram Sahu, S/o Late Jhururam Sahu, Aged About 68 Years R/o Village And Post Kirvai, P.S. And Tahsil Rajim, District Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh

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Budharu S/o Ghasiya, Aged About 66 Years R/o Village Lafandi, Post Beltukri, P.S. And Tahsil Rajim, District Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh

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10.Dev Singh S/o Ramdayal Sahu, Aged About 68 Years R/o Village Lafandi, Post Beltukri, Tahsil And P.S. Rajim, District Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh

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11.Smt. Pawan Bai Sahu W/o Late Dwarika Ram Sahu, Aged About 67 Years R/o Village And Post Kirvai, P.S. And Tahsil Rajim, District Gariyaband Chhattisgarh, District : Gariyabandh, Chhattisgarh

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12.Bhagwat S/o Kartikram Sahu, Aged About 66 Years R/o Village Ghoghra

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(Chaitra), Post Parsadakala, Tahsil And P.S. Rajim, District Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh

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13.Budhram S/o Suklal Sahu, Aged About 67 Years R/o Village Semhartara, Post Kirvai, Block Fingeshwar, Tahsil Rajim, District Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh

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14.Firangiram Dhruw S/o Ghasiyaram, Aged About 67 Years R/o Village And Post Pendra, P.S. And Tahsil Rajim, District Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh

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15.Premlal S/o Jatiram Sahu Aged About 66 Years R/o Village Bhainsatara, Post Beltukri, P. S. And Tahsil Rajim, District Gariyaband Chhattisgarh

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16.Parasram Sahu S/o Nandlal Aged About 67 Years R/o Village Jenjra, Post Surasabandha, P. S. And Tahsil Rajim, District Gariyaband Chhattisgarh

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... Petitioner(s)

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versus

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State Of Chhattisgarh Through The Secretary, Water Resources Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh

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The Sub Divisional Officer Water Resources Department, Sub Division, Fingeshwar, District Gariyaband Chhattisgarh

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The Sub Divisional Officer Water Resources Department, Sub Division, Rajim, District Gariyaband Chhattisgarh

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The Sub Divisional Officer Water Resources Department, Sub Division, No. 02, Panduka, District Gariyaband Chhattisgarh

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The Sub Divisional Officer Water Resources Department, Sub Division, Gariyaband, District Gariyaband Chhattisgarh

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The Executive Engineer Water Resources Department, Division, Gariyaband, District Gariyaband Chhattisgarh

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7. Joint Director Treasury, Accounts, And Pension, Raipur District Raipur Chhattisgarh

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... Respondent(s)

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For Petitioners : Mr. S. S. Barik, Advocate holding the brief of Mr. Goutam Khetrapal, Advocate For State : Mr. Keshav Gupta, Government Advocate

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Hon'ble Shri Justice Rakesh Mohan Pandey

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Order on Board

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16.04.2026

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The petitioners have filed this petition for adding of their past services before

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their regularization.

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Learned counsel for the petitioners would submit that the petitioners were initially appointed as daily wage employee and thereafter they have been regularized with respondent department, therefore, as per Rule 6(3) of the Pension Rules 1976 past services of the petitioners should have been counted for the purpose of pension. He would further submit that Co-ordinate Bench of this Court has already decided the issue raised in this writ petition in favour of the petitioners and thereafter Writ Appeal was also preferred by the State before the Division Bench of this Court and same has been dismissed.

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Per contra, learned State counsel would submit that against the order passed by the Single Bench as well as Division Bench, the State has filed SLP (Civil) No. 8677-8678/2023 before the Hon’ble Supreme Court wherein the Hon’ble Supreme Court has stayed the order passed by the Single Bench and Division Bench of this Court. The operative part of the order reads as under :-

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“Delay condoned. Issue notice to the respondents. In the meanwhile, there shall be interim stay of the impugned order”.

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Thus, he would pray for keeping the proceeding in abeyance.”

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Considering the submissions and the fact that the issue raised in this writ petition is squarely covered with 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.

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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) No. 8677-8678/2023 will be applicable mutatis mutandis in the facts and

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circumstances of the case of the petitioners and their entitlement to get additional pension will be governed by the decision of Hon’ble Supreme Court in SLP ( C) No. 8677-8678/2023. It is also directed that if SLP ( C ) No. 867-8678 of 2023 is decided in favour of the petitioners, the respondents shall extend the benefit to the petitioners without any further delay. It is also directed that if the grievance of the petitioners still exists, the petitioners shall be at liberty to file a fresh petition raising their grievances.

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With the aforesaid observation(s), direction(s), and liberty granted to the petitioners, this writ petition is disposed of.

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Pending interlocutory applications, if any, stand disposed of.

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Sd/-

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(Rakesh Mohan Pandey) JUDGE

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$iddhant

Kheduram Yadu v. State of Chhattisgarh

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Kheduram Yadu v. State of Chhattisgarh

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