High CourtsDivision Bench(2018) 09 CHH CK 0446

Shiv Kumar Sharma vs State Of Chhattisgarh And Ors

Chhattisgarh High Court · Decided on 27 September 2018

HON’BLE JUDGES
Ajay Kumar Tripathi, CJ · Parth Prateem Sahu, J
RESULT
Allowed
CASE NUMBER
Writ Appeal No. 497 Of 2018

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Judgment

9 paragraphs · 178 words

Ajay Kumar Tripathi, CJ

1.

Heard learned counsel for the Appellant as well as learned Government Advocate for the State/Respondents.

2.

The order under appeal is dated 17.01.2018 passed by the learned Single Judge where he refused to give any direction in favour of the Appellant to

pay him pension since the number of qualifying years as a regular employee did not add up to 10 years.

3.

It is not in dispute that the Appellant had worked for a long period of time as daily-wager and later on came to be regularised in the year 2003.

4.

Be that as it may, keeping in view the new notification (Vitt Nirdesh 30/2018) dated 28.05.2018, the matter is required to be considered by the

competent authority afresh. The impugned order dated 17.01.2018 passed in Writ Petition (S) No. 5710 of 2017 is set aside. The matter is remanded

back for an early decision, preferably within a period of three months from the date of production of a copy of this order.

5.

In the result, the appeal is allowed.