[Cites 1, Cited by 0]
Chattisgarh High Court
Madhu Tiwari vs State Of Chhattisgarh on 26 February, 2026
1
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:-
"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
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.
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
