Disposed

J.S.Gaikwad v. State of Chhattisgarh and Ors.

Chhattisgarh HC8 Oct 2013WP/6972/2006

Case brief

AI extract

What is this about?

A Deputy Registrar, acquitted of corruption charges, filed a writ petition seeking regularization of suspension, pension finalization, and payment of retiral dues. The High Court, relying on a similar precedent, directed the respondents to regularize the suspension, pay full wages from the date of acquittal, finalize and pay arrears of pension, and grant gratuity and leave encashment within specif

What did the court decide?

Regularization of suspension, payment of full wages from acquittal date, finalization of pension, payment of pension arrears, gratuity, and leave encashment.

J.S.Gaikwad Vs State of Chhattisgarh… — Pension and Retirement Benefits | Chhattisgarh HC (2013)

¶1

SSNRI igi'ai.iL.E. F Rpyinii Di>.ra[i^EI

¶2

IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT

¶3

BILASPUR fC.G.t

¶4

WRIT PETmON (S} N0. 6WZQF 2006

¶5

PETITIONER
lo^'.^-'fey
'^ - t.-^'
^y ^..
^~^: ^'{^
^^:^-"
^^-
y®'.&•••"
^' :

¶6

J. S. Gaikwad Son of Shri Dharmuram Gaikwad, aged about 60 yeas, Working as Deputy Registrar, Nawagarh, District Durg, (C.G.). Resident of Durg, District Durg (C.G.).

¶7

VERSUS

¶8

RESPQNDENTS

¶9

State of Chhattisgarh, Through: The Secretary, Department of Commercial Tax, D.K.S. Bhawan, Raipur (C.G.). The Inspector General, Registration, Raipur (C.G.).

¶10

The District Registrar, Durg, (C.G.).

¶11

¶12

HIGH COURT OF CHHATTISGARH AT BILASPUR

WP'No.6972of2006

PETITIONER

J.S. Gaikwad

-Versus-

RESPONDENTS:

State of Chhattisgarh & others

¶19

Present

¶20

Shri B.P. Singh, counsel forthe petitioner.

¶21

Shri P.K. Bhaduri, Panel Lawyerforthe State/respondents.

¶22

Sinale Bench: Hon'ble Shri Prashant Kumar Mishra. J.

¶23

ORAL ORDER

¶24

(8-10-2013)

¶25

The petitioner, while working as Deputy Registrar with the respondents, was suspended on 31.10.1998 pursuant to a trap laid by the Anti Corruption Bureau. He was later on prosecuted for offence under Sections 120-B, 420 and 471 of the IPC read with Section 13 (1)(d)/13(2) of the Prevention of Corruption Act, 1988, but was acquitted of the charges on 24.9.2005

¶26

(Annexure-P/3).

¶27

Grievance of the petitioner is that despite culmination of criminal trial in his acquittal, the respondents have not regularized the period of suspension and have not finalized his pension case. He has also not been paid his retiral dues.

¶28

Learned State counsel would submit that chaltenging his order of acquittal, an acquittal appeal has been filed by the State which is pending consideration before this Court, therefore, the issue of regularization of suspension period, pension and payment of retiral dues has not been finalized.

¶29

However, learned counsel for the parties would not dispute that in an exactly similar case viz. W.P. No.293/2005, this Court has passed an order on 3.1.2013 directing release of salary of suspension period, finalization of pension and payment of retiral dues of the employee.

¶30

In view ofthe above, the writ petition is disposed of in the following terms:(a) The respondents shall take final decision with regard to regularization of period of suspension in accordance with law and the observations made by this Court within a period of three months

¶31

S from the date of communication of this order. \ \ (b) The petitioner is entitled to full wages from the date of acquittal

¶32

m~~

¶33

till the date of superannuation i.e. from 2008. The said period shall also be counted as duty period for all purposes.

¶34

(c) Pension of the petitioner shall be finalized within a period of 3 months from the date of receipt of a copy of this order and upon such finalization of pension, arrears of pension shall also be paid to the petitioner within a further period of 2 months from the date of finalization of pension along with the rate of interest permissible under the rules.

¶35

(d) Gratuity as also Leave Encashment amount as admissible to the petitioner under the Rules shall also be paid albng with the interest payable under the Rules, within a period of 3 months from the date of receipt of a copy of this order.

¶36

A copy of the order passed in the aforesaid writ petition be placed in the record of this writ petition.

¶37

Sd//-

¶38

Barve

¶39

Prashant Kumar Mishra Judge

¶40

^^^^^s&^

¶41

^^^i^l^N^i^^^

J.S.Gaikwad v. State of Chhattisgarh and Ors.

Case brief

What is this about?

What did the court decide?

J.S.Gaikwad v. State of Chhattisgarh and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Gend Ram Vs State of Chhattisgarh and Ors.

Jogiram Thakur Vs State of Chhattisgarh and Ors.

Ku.Sangita Mishra Vs State of Chhattisgarh and Ors.

Shivshanker Prasad Jaiswal Vs State of Chhattisgarh and Ors.

Smt. Usha Bhasker Vs State Of C.g. and Ors.

Kashimuddin Siddiqui Vs State Of Chhattisgarh and Ors.