Citation : 2026 Latest Caselaw 1328 Chatt
Judgement Date : 6 April, 2026
1
RAVI
SHANKAR
MANDAVI
Digitally signed by
RAVI SHANKAR
2026:CGHC:15500
MANDAVI
Date: 2026.04.07
17:23:08 +0530
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 3006 of 2026
1 - Laxmikant Sharma S/o Vasu Dev Sharma Aged About 85 Years R/o
46/737, Nayapara, Sridev Panchang Karyalayam, Raipur, District- Raipur
(C.G.)
2 - Ramkhilavan Gupta, S/o Vishwanath Prasad Gupta, Aged About 90 Years
R/o House No. 08, Vivekanand Nagar Ward No. 50, Near O.B.C. Bank
Raipur, District- Raipur (C.G.)
3 - Ramanand Sharma, S/o Ram Sanehi Dubey, Aged About 90 Years R/o C-
15/1, Sbi Colony Near Sai Temple, Tagore Nagar, Raipur, District- Raipur
(C.G.)
4 - Chandra Madhav Mukharjee S/o Pashupatinath Mukharjee, Aged About
87 Years R/o D-242, M.R. Colony, Tagore Nagar, Raipur District Raipur (C.G.)
5 - Hukum Chand Jain, S/o Chaturbhuj Jain Aged About 88 Years R/o D-56,
Near Rda Store, Tagore Nagar, Raipur District Raipur (C.G.)
6 - Vishram Singh Verma, S/o Sukharuram Verma, Aged About 85 Years R/o
1412, Near Ramkund, Life Worth Hospital, Raipur District- (C.G.)
7 - Shambhu Dayal Bhartiya S/o Ram Lal, Aged About 25 Years R/o 25 Shala
Marg,, Opposite Health Watch, Choubey Colony, Raipur District Raipur (C.G.)
8 - Anil Kalele S/o S.P. Kalele, Aged About 85 Years R/o Plote No. 8, Sahakari
Marge- 1 Choubey Colony, Raipur District- Raipur (C.G.)
9 - Madan Kumar Hajra, S/o Hemchand Hajra, Aged About 85 Years R/o Near
Rajiv Gandhi Chowk, Chhotapara Raipur, District- Raipur, (C.G.)
10 - Birendra Kumar Chaurasia S/o J.R.Chaurasia, Aged About 80 Years R/o
House No. 161, Tikrapara, Rda Colony, Raipur District Raipur (C.G.)
2
11 - Shri Ram Dhuppad S/o Arjun Das Dhuppad Aged About 80 Years R/o
Dhuppad Bhawan, Ramkund Para, Aama Talab Road Shahid Chudamani
Ward, Raipur District Raipur (C.G.)
12 - Ramesh Kumar Gomasta S/o Sadhu Lal Gomasta, Aged About 88 Years
R/o House No. 48/351, Shubham, Lohar Chowk, Bhoipara, Raipur District-
Raipur (C.G.)
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through Secretary Higher Education Department,
Mahanadi Bhawan Mantralaya, Atal Nagar, Naya Raipur District Raipur (C.G.)
2 - The Additional Director, Higher Education Department, State Government
Directorate Indrawati Bhawan, Atal Nagar, Naya Raipur District Raipur (C.G.)
3 - The Finance Secretary Department Of Finance Government Of
Chhattisgarh,, Mahanadi Bhawan Mantralaya, Atal Nagar, Naya Raipur
District- Raipur (C.G.)
4 - The Commissioner, Higher Education Department, State Government
Directorate Indrawati Bhawan, Atal Nagar, Naya Raipur District- Raipur (C.G.)
... Respondent(s)
(Cause title is taken from CIS) For Petitioner : Mr. S.C. Verma, Senior Advocate assisted by Mr. Manharan Lal Sahu, Advocate For State/Respondents : Mr. Aditya Tiwari, Panel Lawyer
SB: Hon'ble Shri Parth Prateem Sahu, Judge
Order on Board
06/04/2026
1. Petitioners have filed this writ petition seeking following reliefs:-
"i. Issue an appropriate writ, order, or direction, directing the Respondents to grant and release the benefit of additional pension to the Petitioners in accordance with the circular dated 31.08.2009 and the subsequent circular dated 14.08.2025 issued
by the Finance Department of the Government of Chhattisgarh, along with all consequential benefits from the due date.;
ii. That this Hon'ble Court may kindly be pleased to issue an appropriate writ, order, or direction, particularly in the nature of mandamus, directing the Respondents to grant and release to the Petitioners all the pensionary and additional pension benefits to which they are legally entitled under the applicable Government circulars and rules, along with all consequential benefits and arrears, together with interest for the delayed payment, as the said benefits have not been extended to the Petitioners within the prescribed time despite their eligibility.;
iii. That this Hon'ble Court may further be pleased to direct the Respondents to pay suitable damages and compensation to the Petitioners for the undue hardship, financial loss, and mental agony caused to them on account of the arbitrary and prolonged denial of their lawful pensionary benefits, particularly considering that the Petitioners are senior citizens of advanced age who were compelled to approach this Hon'ble Court for enforcement of their rightful entitlements.;
iv. Grant any other relief, order, or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice."
2. Learned counsel for the petitioners submit that the petitioners while
working on different post retired from Durga College run by Durga
Education Society, which is a 100% government aided
college/institution. After retirement the petitioners were being paid
pension equivalent to the government employees as per their
entitlement. He also submits that from time to time the benefit is
also extended to the petitioners of enhancement of DA, however,
upon completion of age of 80 years, 85 years and 90 years, the
petitioners are not being paid the enhanced amount of pension as
directed by the State Government pursuance to the circular dated
14.08.2025. Petitioners have submitted a representation before the
respondent No.2, which is pending consideration, therefore,
direction be issued to the respondent No.2 to consider and take
decision on pending representation submitted by the petitioners at
the earliest as the petitioners are of more than 80 years.
3. Counsel for the respondent-State submits that as the petitioners
have already submitted their representation before respondent
No.2, it will be considered in accordance with law.
4. On due consideration of submission made by the learned counsel
for the respective parties, in particular the circular issued by the
State Government dated 14.08.2025 and the petitioners are being
paid pension, this writ petition at this stage is disposed of, directing
the respondent No.2 to consider and take decision on the pending
representation in accordance with law, expeditiously within a further
period of 8 weeks from the date of receipt/production of a copy of
this order.
5. With the aforesaid observation and direction, this writ petition stands
finally disposed of.
Sd/-
(Parth Prateem Sahu) Judge
Ravi Mandavi
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