Disposed

Preetam Lal Maravi, v. State of Chhattisgarh

Chhattisgarh HC8 Sept 2024WPS/3858/2020

Case brief

AI extract

What is this about?

Writ petition by retired and serving police officers seeking arrears of pension and benefits. The court directed the respondent authorities to examine the petitioners' cases within 90 days. If their cases match those in the Hira Singh Payak judgment, similar benefits shall be extended.

What did the court decide?

Direction to respondents to examine petitioners' cases and extend similar benefits to those in Hira Singh Payak within 90 days; liberty to approach Court if affected adversely.

Preetam Lal Maravi, Vs State of… — Pension and Retirement Benefits | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 3858 of 2020

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1 - Preetam Lal Maravi, S/o Shri Supal Singh Maravi, Aged About 61 Years Occupation - Inspector (M) Under The Office Of C I D, Police Head Quarter Atal Nagar District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh

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2 - Ajay Singh, S/o Shri Pramod Singh, Aged About 50 Years Occupation - Inspector (M) Under The Office Of C I D, Police Head Quarter Atal Nagar District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh

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3 - Ratnakar Gajbhiye S/o Shri Gulab Rao Gajbhiye, Aged About 50 Years Occupation - Subedar (M) Under The Office Of C I D, Police Head Quarter Atal Nagar District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh

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4 - Keshav Prasad Soni, S/o Shri Heeralal Soni, Aged About 61 Years Occupation - Subedar (M) Under The Office Of C I D, Police Head Quarter Atal Nagar District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh

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5 - Veernarayan Suryawanshi, S/o Shri Jagdish Prasad Suryavanshi, Aged About 59 Years Occupation - Sub Inspector (M) Under The Office Of C I D, Police Head Quarter Atal Nagar District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh

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6 - Om Prakash Katariya, S/o Shriraam Katariya, Aged About 64 Years Occupation - Sub Inspector (M) (Retired ) Under The Office Of C I D, Police Head Quarter Atal Nagar District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh

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7 - Suhas Katariya W/o Shri Om Prakash Katariya, Aged About 57 Years Occupation - Sub Inspector (M) Under The Office Of C I D, Police Head Quarter Atal Nagar District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh

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8 - Chaudhary Sihv Narayan Singh S/o Shri Raghuvar Singh, Aged About 60 Years Occupation - Sub Inspector (M) Under The Office Of C I D, Police Head Quarter Atal Nagar District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh

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9 - Yakub Tigga, S/o Shri Ishaak Tigga, Aged About 47 Years Occupation - Sub Inspector (M) Under The Office Of C I D, Police Head Quarter Atal Nagar District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh

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10 - Superviser Das S/o Shri Ramdas Aged About 61 Years Occupation - Head Constable (M) Under The Office Of C I D, Police Head Quarter Atal Nagar District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh

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11 - Rameshwar Yadav, S/o Shri Mohar Singh Yadav, Aged About 56 Years Occupation - Constable (M) Under The Office Of C I D, Police Head Quarter Atal Nagar District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh ... Petitioners

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versus

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1 - State Of Chhattisgarh Through The Secretary, Home Police Affairs And Finance, Home Police Department, Mahanadi Bhawan, New Mantralaya, Atal Nagar District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh

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2 - The Director General Of Police, Police Head Quarters, Atal Nagar District Raipur Chhattisgarh.

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3 - The President / Members Of Committee, Home Police And Finance Department, Mahanadi Bhawan, New Mantralaya, Atal Nagar District Raipur Chhattisgarh.

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... Respondents

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For Petitioners : Mr. Prakash Tiwari, Advocate For Respondent/State : Ms. Shailja Shukla, Dy. GA

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Hon’ble Shri Justice Sachin Singh Rajput

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Order on Board

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09/09/2024

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This writ petition has been filed by the petitioner claiming following reliefs :

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10.1 The Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of petitioners for its kind perusal. 10.2 The Hon'ble Court may kindly be pleased to direct the respondent authorities to consider the claim of petitioners for payment of arrears in term of order/notification dated 08.10.2001 (Annexure P-4) and contempt case bearing no. 1097/2018, 1096/2018 and 1100/2018 vide its order dated 23.01.2020 (Annexure P-8) to them w.e.f. 01.04.1981 with all consequential benefits and interest. 10.3 That, the Hon'ble Court may kindly be pleased to grant any other relief, / as if may deem fit and appropriate.

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Learned counsel for the petitioner submits that the case of the petitioner is

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squarely covered by the judgment of this Court in case of Hira Singh Payak Vs. State of Chhattisgarh in WPS No. 3547 of 2016 order dated 26.08.2017 . He submits that the respondents may be directed to pay the benefits to the petitioner as claimed in light of that judgment. He further submits that the reply has been filed by

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the State in which paragraph No. 8 it has been stated by the State that if the case of the petitioner with identical to the case of the petitioner in WPS No. 3547 of 2016, the case would be consider. The paragraph No. 8 has is reproduced as under:-

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“8. That, the answering respondents humbly and respectfully submits that it is not in dispute that this Hon'ble Court in Heera Singh Payak in WP(S) 3547/2016 has passed an order dated 26.08.2017 whereby the claim of the petitioners therein were taken into consideration and the benefits have been extended pursuant to the order/notification dated 08.10.2011. In the present case also the respondent authorities would consider the claim of each and every petitioners and would verify their entitlement to get the arrears as per the terms mentioned in the order/notification dated 08.10.2001 and after consideration if found their claims are similar in terms of the order passed in Heera Singh Payak they would be entitled to get the benefit that has been extend other claimants.”

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At this stage, Mr. Tiwari submits that the respondents may be directed to consider the case of the petitioner in light of judgment and pass appropriate order reserving liberty in favour of the petitioner to seek legal remedy in case of if any adverse order is passed.

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Not opposed by the respondents.

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Be that as it may, at this stage, this writ petition is disposed of and it is directed that the respondents authority shall examine the cases of the petitioner and upon examination, if the case of the petitioners is identical to case of Hira Singh Payak (supra), extend the similar benefits to the petitioner herein. This exercise may be done within a period of 90 days from the date of receipt of copy of this order. If any adverse order is passed against the petitioners, they would be at liberty to move afresh before this Court.

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Sd/-

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(Sachin Singh Rajput)

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Judge

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Pawan

Preetam Lal Maravi, v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Preetam Lal Maravi, v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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