Chattisgarh High Court
Sushil Kumar Banchhor vs State Of Chhattisgarh on 14 March, 2022
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WA No. 296 of 2020
Sushil Kumar Banchhor Son of Late Shri Top Singh Banchhor Aged
About 56 Years Working on The Post Of A.S.I., Present Resident of
Sargaon, Police Station Sargaon, District Mungeli Chhattisgarh.
---- Appellant
Versus
1. State of Chhattisgarh Through The Secretary, General
Administration Department, Mantralaya, Mahanadi Bhawan, Naya
Raipur Chhattisgarh, District : Raipur, Chhattisgarh.
2. State of Chhattisgarh Through The Secretary, Department of
Home / Police, Mahanadi Bhawan, Mantralaya, Police Station And
Post Rakhi, New Raipur, District Raipur Chhattisgarh.
3. Director General of Police (DGP) / Chairman Scrutiny Committee,
Police Headquarters, PHQ Sector-19, Block No. 3, Near Mahandi
Bhawan, Mantralaya, Police Station And Post Rakhi, New Raipur,
District Raipur Chhattisgarh.
4. Inspector General of Police (IGP) Office f Inspector General of
Police (IGP), Behind Nagar Nigam Office, Bilaspur, District Bilaspur
Chhattisgarh.
5. Deputy Inspector General of Police (DIGP) Administration Police
Headquarters Phq Sector-19, Block No. 3, Near Mahanadi
Bhawan, Mantralaya, Police Station And Post Rakhi, New Raipur,
District Raipur Chhattisgarh.
6. Superintendent of Police (SP) Office of Superintendent of Police
(SP), Mungeli, District Mungeli Chhattisgarh.
7. Tarsila Toppo Inspector Female Cell, Office of Superintendent of
Police, Surajpur, District Surajpur Chhattisgarh.
8. Narendra Mishra Inspector Office of Anti Corruption Bureau (ACB),
Raipur, District - Raipur Chhattisgarh.
9. Daulal Mishra Inspector, Office of Superintendent of Police (SP),
Raigarh, District Raigarh Chhattisgarh.
10. Gaiyatri Sharma, Sub-Inspector, Office of Superintendent of Police
(SP), Janjgir-Champa, District Janjgir-Champa Chhattisgarh.
11. Dilip Sisodia Inspector, Police Station Jamul, Tahsil And District
Durg Chhattisgarh.
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12. Anaram Sahu Assistant Sub-Inspector, Police Station Basantpur,
Tahsil And District Rajnandgaon Chhattisgarh.
13. Rajat Sharma Deputy Commandant, 7th Battalion, Chhattisgarh
Armed Force (CAF), Bhilai, District Durg Chhattisgarh.
---- Respondents
(Cause-title taken from Case Information System)
For Appellant : Mr. V.K. Pandey, Advocate
For Respondents No.1 to 6 : Mrs. Astha Shukla, Government Advocate
Hon'ble Shri Arup Kumar Goswami, Chief Justice
Hon'ble Shri Gautam Chourdiya, Judge
Order on Board
Per Arup Kumar Goswami, Chief Justice
14.03.2022
Heard Mr. V.K. Pandey, learned counsel for the appellant. Also
heard Mrs. Astha Shukla, learned Government Advocate, appearing for
respondents No.1 to 6. There are a number of private respondents and
some of them have not yet been served.
2. In view of the submission of learned counsel for the parties that
such respondents are not going to be affected, this case is taken up for
final disposal.
3. This writ appeal is presented against an order dated 13.05.2019
passed by the learned Single Judge in Writ Petition (S) No.54 of 2018,
whereby, the learned Single Judge, while setting aside the order of
compulsory retirement of the appellant, who was a Constable, dated
18.08.2017, declined to grant monetary benefits for the intervening period
from 18.08.2017 till the date of reinstatement.
3. The appellant was reinstated in service on 11.07.2019.
4. This appeal is directed only to the limited extent of non-granting of
monetary benefits as noted herein-above.
5. Mr. V. K. Pandey, learned counsel for the appellant as well as
Mrs. Astha Shukla, learned Government Advocate, appearing for the
respondents, submit that this case is squarely covered by judgment of
this Court dated 24.01.2022 passed in Writ Appeal No.531 of 2019
(M. M. Chaturvedi v. State of Chhattisgarh & Others ) and that this writ
appeal may be allowed directing that the appellant will be entitled to full
pay and allowances for the intervening period from 18.08.2017 to
11.07.2019.
6. A perusal of the aforesaid order dated 24.01.2022 would go to show
that this Court had relied upon Rule 54-A (1) and (3) of the Fundamental
Rules, 1956, dealing with a situation where compulsory retirement of a
Government Servant is set aside by the Court on merits.
7. In view of the submissions of the learned counsel for the parties
that this case is squarely covered by judgment of this Court dated
24.01.2022 in M. M. Chaturvedi (supra), the order of the learned Single
Judge, to the limited extent of denying monetary benefits for the
intervening period from 18.08.2017 to 11.07.2019 deserves to be and is
hereby modified and it is directed that the appellant will be entitled to the
monetary benefits for the aforesaid period, to which he would have been
entitled to, had he not been compulsory retired.
8. The writ appeal is, accordingly, allowed. No cost.
Sd/- Sd/-
(Arup Kumar Goswami) (Gautam Chourdiya)
Chief Justice Judge
Anu
