ISHWAR Vs. STATE OF CHHATTISARH & 0RS

JUDGEMENT

(1.) In this batch of writ petitions, a common question of law, that arises for determination, is as to whether a daily wage workcharged employee, who has not completed the qualifying service as an employee in the regular service of" Work charged and Contingency Paid Services, is entitled for pension by counting his previous service as daily wager before regularization. In other words, the question to be determined is whether qualifying service as fixed under the Chhattisgarh (Workcharged and Contingency Paid Employees) Pension Rules, 1979 (hereinafter referred to as 'the Rules of 1979') would commence after regularisation of the services of the employee or his previous service as daily wager before regularisation would also be counted.

(2.) Admittedly, the petitioners in each of the writ petitions were initially working in Class- IV post in the department of Water Resource as daily wagers and were subsequently regularised pursuant to the scheme of regularisation framed by the State Government. Their date of regularisation and the date of retirement are as follows : <FRM>JUDGEMENT_107_LAWS(CHH)2_2012_1.html</FRM>

(3.) Placing reliance on judgment rendered by this Court in the matter of M. A. Hakim v. State of M.P. (W.P. No. 4135/2004, decided on 28-8-2006) and thereafter judgment in the matter of Jhunia Bai v. State of" Chhattisgarh and others (W.P.(S) No. 2884/2009, decided on 1-2-2010) and the judgment rendered in the matter of Govind v. State of Chhattisgarh and others (2007 Lab IC 819) (W.P. No. 108/2005) and other connected matters as also in the matter of Vishnu and others v. State of Madhya Pradesh and others 2006 (1) MPHT 374: (2006 Lab IC 739) (FB), learned counsel for the petitioners have argued that each of the employee having completed more than 10 years of service as contingency paid employee before regularisation or after regularisation including the past service as daily wagers, is entitled for counting his previous service as daily wagers for calculation of qualifying period as per the Rules of 1979.