Shyam Lal Dixena Vs State of Chhattisgarh — Chhattisgarh HC (2026) — LawSathi Research

Shyam Lal Dixena Vs State of Chhattisgarh — Chhattisgarh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

No immediate relief on merits; writ petition disposed of in terms of the order in WPS No. 10696/2019, making the petitioner's entitlement contingent on the Hon'ble Supreme Court's decision in SLP (C) No. 8677-8678/2023, with liberty reserved to file a fresh petition if the grievance persists.

Issue for consideration

Whether the services rendered by employees as daily wagers (here, the petitioner's pre-regularization service before 14.08.2008) are required to be counted for the purpose of granting pension and other monetary benefits.

Court's answer

The writ petition stands disposed of in terms of the order passed by this Court in WPS No. 10696/2019; interlocutory application(s), pending if any, also stand disposed of. The substantive question of counting daily-wage service for pension was not decided and is left to the outcome of SLP (Civil) No.8677-8678/2023.

Ratio / Principle

In accordance with the terms adopted from Para 6 of this Court's earlier order in WPS No. 10696/2019, the Hon'ble Supreme Court's judgment in SLP (C) No. 8677-8678/2023 shall apply mutatis mutandis to the petitioner's entitlement to additional pension; if that SLP is decided in favour of the petitioners, the respondents shall extend the benefit without further delay, and if the grievance persists the petitioner is at liberty to file a fresh petition.

Detailed headnote1 paragraphs

Service Law - Pension - Daily wager regularized on 14.08.2008 - Retiral dues (pension and leave encashment) computed only from date of regularization while gratuity counted the daily-wager period - Challenge to order/circular dated 20.06.2017 (P/1) and impugned order dated 26.05.2018 (P/2) fixing a 10-year qualifying period for pension and denying gratuity - Core issue (counting of daily-wage service towards pension and other monetary benefits) noted as pending before the Hon'ble Supreme Court in SLP (Civil) No.8677-8678/2023 - Following this Court's own order dated 14.10.2024 in WPS No. 10696/2019, writ petition disposed of in like terms: Supreme Court judgment to apply mutatis mutandis; benefits to be extended without delay if the SLP is decided in the petitioners' favour; liberty to file a fresh petition if grievance persists; pending IAs disposed of. By Sachin Singh Rajput, J. (single Judge), decision dated 17/02/2026.

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NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPS No. 7816 of 2022

Shyam Lal Dixena S/o Shri Jarhu Ram Dixena Aged About 62 Years Retired Sthal Sahayak, Wated Resource Department Korba Division, District Korba, (C.G.), R/o Indira Nagar, Near New Bus Stand Pali,, District : Korba, Chhattisgarh

--- Petitioner

Versus

1 - State Of Chhattisgarh Through Secretary, Department Of Water Resources Mahanadi Bhawan, Mantralaya, Naya Raipur, District : Raipur, Chhattisgarh

2 - Additional Secretary Department Of Water Resource Mahanadi Bhawan, New Mantralay, Naya Raipur, District - Raipur (C.G.)

3 - Engineer In Chief Water Resources Depatment, Sihawa Bhawan New Raipur, District : Raipur, Chhattisgarh

4 - Chief Engineer Department Of Water Resources Hasdeo Kachhar Bilaspur, District : Bilaspur, Chhattisgarh

5 - Executive Engineer Water Resources Department Korba Division, District : Korba, Chhattisgarh

6 - Secretary Department Of Finance, Mahanadi Bhawan, Mantralaya, Naya Raipur, District : Raipur, Chhattisgarh

--- Respondent(s)

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For Petitioner : Mr. Jeet Ram Patel, Advocate For Respondent(s) : Mr. Rohitashva Singh, Dy. G.A.

HON’BLE SHRI JUSTICE SACHIN SINGH RAJPUT

Order on Board

17/02/2026

1. This writ petition has been filed seeking following reliefs:-

10.1 This Hon'ble court may kindly be pleased to allow the writ petition and be pleased to quash the order/circular dated 20.06.2017 (P/1) and impugned order dated 26.05.2018 (P/2) so far as it relates to the fixing the period 10 years for pension and denying the benefit of gratuity.

10.2 The Hon'ble court may kindly be pleased to direct the Respondents to consider the entire service period of service i.e. date of initial date of appointment rendered under worked charged contingency paid employee as daily wager to date of retirement and thereby grant full pension to the petitioner with arrears.

10.3 That, this Hon’ble Court may kindly be pleased to grant any other relief/reliefs in favour of the petitioner, which the Hon’ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioner.”

2. Learned counsel for the petitioner submits that the petitioner was initially appointed as daily wage employees and was subsequently regularized on 14.08.2008. After the retirement of the petitioner, his retiral dues including pension and leave encashment was paid to him by calculating his service only from the date of his regularization. He further submits that while the gratuity was paid by also counting the period served by him as a daily wager, no such claim was granted to the petitioner regarding his pension and leave encashment. Consequently, this writ petition was filed seeking the aforementioned relief.

3. Learned counsel for the respondents submits that the core issue

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involved in this writ petition whether the services rendered by the employees as daily wagers are required to be counted for the purpose of granting pension and other monetary benefits is currently under consideration before the Hon'ble Supreme Court in SLP (Civil) No.8677-8678/ 2023. He further submits that identical petitions have previously been filed before this Court, which were disposed of with the observation that the order passed by the Hon'ble Supreme Court in the above stated SLP would decide the fate of those petitioners. Accordingly, the rights of the present petitioners will depend upon the final decision of the Hon'ble Supreme Court in said SLP. He placed reliance upon the order passed by this Court in WPS No. 10696/2019 dated 14.10.2024 and prays that this writ petition may also be disposed of in light of order passed by this Court.

4. This Court in WPS No. 10696/2019 in Para 6 observed as under.-

"6. Accordingly, the bunch of these writ petitions (s) deserve 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 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. 86778678/2023. It is also directed that if SLP (C) No. 8677- 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.”

5. Thus, this writ petition is also stand disposed of in terms of order passed in WPS No. 10696/2019.

6. Interlocutory application(s), pending if any, also stands disposed of.

Sd/(Sachin Singh Rajput) JUDGE

Saurabh