Allowed

Ku. Meena Kachhwaha v. State of Chhattisgarh

Chhattisgarh HC11 Jun 2024WPS/2815/2024

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging non-payment of retirement dues due to a discrepancy between the actual joining date and the regularization date. The court directed respondents to release pension with arrears.

What did the court decide?

Directed respondents to release regular pension with arrears treating the petitioner's date of joining as 03.10.1987 within 45 days.

Ku. Meena Kachhwaha Vs State of… — Pension and Retirement Benefits | Chhattisgarh HC (2024)

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Page 1 of 2

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPS No. 2815 of 2024

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Ku. Meena Kachhwaha D/o Shri Muchkund Kachhwaha Aged About 63 Years R/o Jawahar Para, Ward No. 05, Gali No. 03, Akaltara, District Janjgir Champa Chhattisgarh

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---- PETITIONER

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Versus

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State of Chhattisgarh Through The Secretary, Higher Education Department Mahanadi Bhawan, Mantralay, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh

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Director Treasury, Account And Pension, Bilaspur Division, Bilaspur, District Bilaspur Chhattisgarh

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Commissioner Directorate Of Higher Education, Indrawati Bhavan, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh

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Principal Government Dr. Indrajeet Singh College, Akaltara District Janjgir Champa Chhattisgarh

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RESPONDENTS

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For the Petitioner : Mr. Shantam Awasthi, Advocate For the Respondents : Mr. Suyashdhar Badgaiyan, Dy. GA with Mr. R.K. Chouhan, Assistant Director, Higher Education, Bilaspur

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Hon'ble Shri Justice Narendra Kumar Vyas Order on Board

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12/06/2024

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The petitioner has filed this petition challenging inaction on the part of the respondent by which retiral dues has not been paid to the petitioner.

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Learned counsel for the petitioner would submit that retrial benefits including pension and gratuity and other benefits have not paid to the petitioner after her retirement from the service. He would further submit that no departmental enquiry or judicial proceeding is pending against her, therefore, the petitioner is entitled to get full amount of pension and other benefits and would pray for allowing the writ petition.

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Learned State counsel would submit that gratuity, GIS, 90% anticipatory pension, leave encashment and GPF has already been paid to the petitioner but due to dispute regarding date of joining the pension could not be settled as actual date of the petitioner is 03.10.1987 whereas the date of joining has been given as 30.06.1987.

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Page 2 of 2

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I have heard learned counsel for the parties and perused the record.

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Considering the fact that the petition’s services was regularized in pursuance of Madhya Pradesh Regularization Rule 1986 which has been framed by the State of MP in exercise of power under Article 309 of the Constitution of India wherein cutoff date has been given as 30^th June, 1987, therefore, the date of joining has been mentioned as 30.06.1987 but actually date of joining of the petitioner is 03.10.1987 which has caused hindrance in settling the retiral dues.

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Accordingly, the writ petition is disposed of directing the respondents to release regular pension of the petitioner with arrears treating her date of joining 03.10.1987 within 45 days from the date of receipt of the copy of the order by removing the anomaly created on account of two different dates of joining.

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Sd/-

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(Narendra Kumar Vyas) Judge

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Santosh

Ku. Meena Kachhwaha v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Ku. Meena Kachhwaha v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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