Chungath Unnikrishnan Vs State of Chhattisgarh

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2026:CGHC:9408

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 9277 of 2022

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1 - Chungath Unnikrishnan S/o Late Shri C. Chozhi Aged About 61 Years Rtd. Assistant Grade Ii, From Water Resources Department Kabirdham, R/o Qr. No. 01-B/27, Secl Hospital Colony, Korba, District : Korba, Chhattisgarh

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... Petitioner(s)

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versus

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

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2 - Upper Secretary, Department Of Water Resources Mahanadi Bhawan Mantralaya, Atal Nagar, New Raipur, Chhattisgarh.

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3 - Secretary, Department Of General Administration, Mahanadi Bhawan Mantralaya, Atal Nagar, New Raipur, Chhattisgarh.

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4 - Secretary, Department Of Finance Mantralaya, Mahanadi Bhawan New Raipur, District : Raipur, Chhattisgarh

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5 - Engineer-In - Chief, Department Of Water Resources, Sector - 19, Shivnath Bhawan, Naya Raipur, Atal Nagar, Raipur, Chhattisgarh.

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6 - Executive Engineer Water Resources Department Kabirdham, District Kabirdham, Chhattisgarh.

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... Respondent(s)

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For Petitioner(s) : Mr. Ravish Verma, Adv For Respondent(s) : Mr. R. K. Gupta, Addl. A. G.

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(Hon’ble Shri Justice Sachin Singh Rajput)

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Order on Board

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23/02/2026

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Following relief(s) has been claimed in this writ petition:-

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10.1 That the Hon'ble Court may kindly be pleased to call for entire records pertaining to the petitioner case for the kind perusal of this Hon'ble Court.

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10.2 That the Hon'ble Court may kindly be pleased to allow this writ petition and be pleased to pass order/direction so far as it relates to fixing the period from 10/08/1984 to 20/01/1994 would be computed for determination of pension and present pension be revised according to that and petitioner is entitled for such benefits.

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10.3 That the Hon'ble Court may kindly be pleased to direct the respondents to consider the entire period of service i.e. date of initial date 10/08/1984 to 30/04/2022 up to retirement for determination of pension and its benefit and thereby grant full pension by recalculating to the petitioner.

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10.4 That the Hon'ble Court may kindly be pleased to direct the respondents to grant benefit of pension to the petitioner.

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10.5 Any other relief, which may be deemed, fit by this Hon'ble Court just and proper in the facts and circumstances of the case may also be provided in favour of the petitioner.

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Learned counsel for the petitioner submits that the petitioner was initially appointed as a daily wage employee and was subsequently regularized. After the retirement of the petitioner, his retiral dues including pension and leave encashment were paid to him by calculating his service only from the date of his regularization ignoring the period for which he has worked as daily wager. Consequently, this writ petition was filed seeking the aforementioned relief.

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Learned counsel for the respondents submits that the core issue 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

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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 petitioner 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.

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

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“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. 8677-8678/2023. It is also directed that if SLP (C) No. 86778678 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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