Citation : 2026 Latest Caselaw 113 Chatt
Judgement Date : 26 February, 2026
1/4
2026:CGHC:10075
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 2052 of 2026
Kunj Lal Verma S/o Keju Ram Verma Aged About 64 Years R/o Q. No. 478,
Ward No. 5, Kavilash Nagar, Bhanpuri Ps- Dharshiva District- Raipur (C.G.),
493221.
ALFIZA
--- Petitioner
BAIG
Digitally signed
by ALFIZA BAIG
Date: 2026.02.28
12:19:19 +0530
versus
1 - State Of Chhattisgarh Through Secretary, Department Of Health And
Family Welfare, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur
(C.G.)
2 - Director Department Of Medical Education, Old Nurse Hostel, Dks
Bhavan, Raipur, District- Raipur (C.G.)
3 - Dean O/o Dean Pandit Jawaharlal Nehru Memorial Medical College,
Raipur, District- Raipur (C.G.)
4 - Joint Director Directorate Of Treasury, Accounts And Pension, Raipur,
District- Raipur (C.G.)
--- Respondents
Komal Das Manikpuri S/o Thanwar Das Manikpuri Aged About 65 Years Occupation Assistant Grade Ii (Retired), R/o Sonpairi Road, Village - Khilora, Tehsil Abhanpur, Distt. Raipur, Chhattisgarh 493661
---Petitioner Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Health And Family Welfare, Mahanadi Bhavan Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh
2 - Director Department Of Medical Education, Old Nurses Hostel, Dks Bhavan, Raipur, District Raipur Chhattisgarh
3 - Dean O/o Dean Pandit Jawaharlal Nehru Memorial Medical College Raipur, District Raipur Chhattisgarh
4 - Joint Director Directorate Of Treasury, Accounts And Pension, Raipur, Distt Raipur Chhattisgarh
--- Respondents
For Petitioner : Mr. Anchal Kumar Matre, Advocate For State : Mr. Khulesh Sahu, Panel Lawyer
S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 26.02.2026
1. As common issue has been raised in both these writ petitions by
petitioners, therefore they are being heard together and disposed of by
this common order.
2. For convenience of this Court, WPS No. 2052 of 2026 is taken as lead
case, in which following reliefs have been sought.
"10.1 That the Hon'ble Court may kindly be pleased to issue appropriate writ/order/direction, directing the respondent authorities to fix the full pension of the petitioner according to last drawn salary in accordance with law or pass any other order (s) as this Hon'ble court may deem fit, in the interest of justice.
10.2 That the Hon'ble Court may be pleased to issue appropriate writ/order/direction, directing the respondent authorities to grant increments of the year 2022 onwards
holding the petitioners entitled for grant of increments of said years.
10.3 That the Hon'ble Court may be pleased to issue appropriate writ/order/direction, directing the respondent authorities to grant leave encashment and gratuity to the petitioner expeditiously.
10.4 Any other relief(s), direction(s), which the Hon'ble Court deems fit and proper, in the circumstances of the case."
3. Learned counsel for petitioners submits that petitioners stood retired
from service after attaining the age of superannuation, however
petitioners are not being paid full pension but only the provisional
pension. He submits that identical issue came up for hearing before
this Court bearing WPS No. 1453 of 2021 (Suresh Kumar Srivastava
Vs. State of Chhattisgarh and other connected matters) which was
allowed on 31.05.2024. The case of petitioner is also covered with the
said decision.
4. Learned counsel for respondent -State submits that the decision upon
which the learned counsel for petitioner has relied upon, would show
that the factual aspects has also been considered and dealt with,
however, the petitioners have not submitted any representation before
the authorities for the redressal of their grievances as raised in these
writ petitions where facts could have been evaluated for considering
the entitlement of petitioners as prayed for.
5. At this stage, learned counsel for petitioners submits that petitioners
will submit comprehensive representation along with all the relevant
documents before respondent no. 2 and 3, and direction be issued to
concerned authorities to consider and take decision on pending
representation at the earliest, in accordance with law, keeping in mind
the decision taken by this Court in case of Suresh Srivastava (supra).
6. I have heard learned counsel for respective parties.
7. On due consideration of submission made by learned counsel for
respective parties, these writ petitions at this stage is disposed of
permitting petitioners to submit comprehensive representation along
with all the supporting documents before respondent no. 2 to 4 and, if,
such a representation is submitted before the concerned authority, it
shall be considered and decided in accordance with law, expeditiously,
preferably within a further period of 03 months from the date of receipt
of the representation, considering the decision in case of Suresh
Srivastava (supra).
8. With the aforementioned direction, these writ petitions stands disposed
of.
Certified copy as per rules. sd/-
(Parth Prateem Sahu)
Judge
Alfiza
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