Chattisgarh High Court
Mahesh Kumar Gwal vs State Of Chhattisgarh on 15 September, 2025
1
2025:CGHC:47415
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 96 of 2022
1 - Mahesh Kumar Gwal S/o Shri Mukti Gwal, Aged About 62 Years R/o
Village Nanakpali, Post Chhati Girola, Tehsil Saraipali, District Mahasamund,
Chhattisgarh
... Appellant
versus
1 - State Of Chhattisgarh Through Secretary School Education Department,
Atal Nagar, Naya Raipur, District- Raipur, Chhattisgarh.
2 - Accountant General, (Accounts And Entitlement) Raipur, Chhattisgarh.
3 - District Education Officer, Mahasamund, District Mahasamund,
Chhattisgarh.
4 - Block Eduction Officer, Block Saraipali, District Mahasamund,
Chhattisgarh.
... Respondents
For Appellant : Mr. Azad Siddiqui, learned Advocate
For Res./State : Mr. Vedant Sadangi, Panel Lawyer
For Res. No. 2 : Mr. Aswani Shukla, Advocate holding brief of Ms.
Poornima Singh, Advocate
Mr. Res. Nos. 3 & 4 : Mr. Shubham Bajpai, Advocate
Hon'ble Shri Justice Sachin Singh Rajput
Order on Board
15.09.2025
1. Learned counsel for the parties would submit that the issue involved
and the relief claimed in the present petition are required to be
considered by the Pension Committee.
2. This Court in the matter of W.P. No. 4642/2004 (Baijnath Mandal v. The
State of Chhattisgarh & Others) and other connected matters directed
the Committee to consider the matter of retiral dues as the disputed
question of facts were involved. The Committee was constituted by the
State Government, pursuant to the order dated 19/06/2006 passed in
W.P. No. 1961/2006 (Smt. Keja Bai Chandrakar Vs. State Government
and Others) and order dated 13/03/2008 passed in M.C.C. No. 105 of
2008 (State of Chhattisgarh & Others V. Baijnath Mandal and another).
Thus, this petition is squarely covered by the judgment and order dated
31 of January, 2008 passed in W.P. No. 4642/2004 Baijnath Mandal
(supra) as submitted by learned counsel appearing for the parties.
3. This petition is accordingly disposed of in the same terms i.e. the office
of the Advocate General is directed to send the case to the Committee,
within a period of 15 days from the date of receipt of a copy of the
petition from the petitioner and this order. The Committee shall
consider and pass a reasoned order within a further period of 3
months, in accordance with law, after affording proper opportunity of
hearing to the parties. The petitioner and the officers concerned may
file additional documents, if necessary. The entire exercise, including
retiral dues of the employee and other pensionary benefits, if any, to
the petitioner be completed within a period of three months from the
date of receipt of a copy of this order.
4. The petitioner shall supply extra copy of the petition to learned counsel
appearing for the State/respondents for forwarding the same to the
Committee.
5. Learned counsel for the petitioner would submit that liberty may be
reserved in favour of the petitioner to move a fresh writ petition if the
decision made by the Committee on any of the claim including claim for
interest is decided against the petitioner.
6. Liberty as prayed for is granted.
7. Accordingly, the writ petition stands disposed of.
Sd/-
(Sachin Singh Rajput)
Judge
Ami
AMITA Digitally signed by AMITA
DUBEY
DUBEY Date: 2025.09.17 11:26:20
+0530
