Chattisgarh High Court
Madhu Tiwari vs State Of Chhattisgarh on 26 February, 2026
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2026:CGHC:8678
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 1908 of 2022
1 - Ganesh Ram Thakur S/o Late Dhan Singh Thakur, Aged About 63 Years R/o.
Hous3 No. 15, Ward No. 1, Village Saanra (K), Post Karhibhadar, District Balod
Chhattisgarh.
... Petitioner
Versus
1 - State Of Chhattisgarh Through The Secretary, Department Of Scheduled Caste
And Scheduled Tribe Development, Mantralaya, Mahanadi Bhawan, Atal Nagar,
Nawa Raipur District Raipur Chhattisgarh.
2 - Commissioner, Directorate Of Scheduled Caste And Scheduled Tribe
Developmetn Department Indrawati Bhawan, Atal Nagar, Nawa Raipur, District
Raipur Chhattisgarh.
3 - Assistant Commissioner, Tribal Develpment, District Gourela Pendra Marwahi
Chhattisgarh.
4 - Accountant General Office Of The Accountant General (A And E) Chhattisgarh,
Zero Point, Baloda Bazar Road, Nawa Raipur, District Raipur (C.G.) As Per Honble
Court Order Dated 23-04-2025
... Respondents
For Petitioner : Mr. Arham Siddiqui, Advocate For Respondents-State : Mr. Rishab Bisen, Panel Lawyer For Respondent No. 4 : Mr. Rajkumar Gupta, Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 18/02/2026
1. Petitioner has filed this writ petition seeking following reliefs:- 2
"10.1 That, this Hon'ble Court may kindly be pleased to issue appropriate writ/direction/order commanding the respondent authorities to release the admissible retiral payable to the petitioner i.e. Gratuity, Leave Encashment and GIS within a period of 15 days along with adequate interest on the said amount.
10.2 That, this Hon'ble Court may kindly be pleased to issue appropriate writ/order/direction commanding the respondent authorities to pass final orders in the pending departmental enquiry, in which, the Enquiry Officer submitted his report on 11.01.2019.
10.3 That, this Hon'ble Court may kindly be pleased to issue appropriate writ/direction/order commanding the respondent authorities to take final decision with respect to the suspension period i.e. from 31.03.2009 to 26.07.2010.
10.4 That, this Hon'ble Court may kindly be pleased to grant any other relief as it may deem fit and appropriate."
2. Learned counsel for the petitioner submits that the retiral dues for which, the petitioner is entitled for and prayed for its disbursement at Para 10.1 has been released, however, the amount is released with inordinate delay. Petitioner stood retired from service on 31.08.2021 upon attaining the age of superannuation and the amount has been released by the respondents with long delay. Details of which is as under: -
S. Head Date of Amount
No. Payment
1. GPF 23.06.2025 Rs.
10,04,212/-
2. Gratuity 06.02.2025 Rs. 4,15,708/-
3. Gratuity (Pending) + Arrears 28.05.2025 Rs.
of Pension 13,82,349/-
4. Accrued Pension/Arrears After 12.02.2025 Rs. 41,245/-
5. Accrued Pension/Arrears 20.06.2025 Rs. 5,97,875/-
He submits that therefore, petitioner is entitled for the interest on the said amount. In support of his contention, he places reliance upon the decision of this Court in the case of WP (S) 5231/2011 'Punarad Prasad Baghal 3 Vs. State of Chhattisgarh & Ors.' and in writ appeal bearing W.A. No. 762/2024 'Hari Prakash Beohar Vs. State of Chhattisgarh & Ors.' .
3. On the other hand, learned counsel for the Respondents/State would submit that so far as the claim with regard to the consideration of the suspension period from 31.03.2009 to 21.06.2010, petitioner may submit a representation before the concerned authorities and it will be considered in accordance with law. He further submits that so far as the interest claimed by the petitioner on the retiral dues paid to him with delay is concerned, according to the chart prepared in para 8 of the rejoinder, the GPF amount which is stated to be paid on 26.08.2025 shall carry interest according to the statutory rate fixed till it remains deposited in the account of employee. He further submits that the gratuity amount was paid to the petitioner after termination of the departmental proceedings as there was charge against the petitioner of financial irregularities mentioning that the petitioner and the other employees have caused loss to the State Exchequer of Rs. 17,31,015/-.
4. He further submits in the departmental enquiry proceedings, the petitioner was imposed penalty of Rs. 5,34,678/- which is ordered to be recovered from the gratuity payable to the petitioner and therefore, it cannot be said that the amount of gratuity has been withheld without any reason. He further submits that with regard to the pension of the petitioner, he was paid anticipatory pension at the rate of 90% and 10% was withheld due to the pending departmental enquiry proceedings against him and therefore, also, petitioner will not be entitled for interest on the arrears of pension amount.
5. At this stage, learned counsel for the petitioner submits that even the anticipatory pension was not paid within time, but after lapse of long time from the date of his superannuation.
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6. I have heard learned counsel for the parties and perused the documents placed on record.
7. In the aforementioned facts of the case where the actual date of payment of the anticipatory pension to the petitioner from the date of retirement is to be ascertained by the respondent authorities which can only be done from the records maintained by the department, I find it appropriate to dispose of this writ petition at this stage, permitting the petitioner to submit fresh representation with respect to the claim of interest on the arrears of pension and also for the decision of suspension period from 31.03.2009 to 21.06.2010 before the concerned authority and if such a representation is submitted by the petitioner, concerned authority shall consider and take decision on the representation to be submitted by the petitioner on its own merits in accordance with law, expeditiously, preferably within a period of 02 months from the date of receipt of representation.
8. With the aforesaid observation and direction, this writ petition stands disposed of.
Sd/-
(Parth Prateem Sahu) Judge Dey