Rajkumar Matiyara Vs State of Chhattisgarh

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2025:CGHC:46574

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 1418 of 2023

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Digitally ABHIGYA signed by SAXENA ABHIGYA SAXENA

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1 - Radheram Darro S/o Late Shri Rupsingh Darro Aged About 63 Years Retired Excise Police, Officer Of District Excise Officer, R/o Village Janakpur Post Kenwati Thana And Tehsil Bhanupratappur District Kanker Chhattisgarh

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--- Petitioner(s)

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versus

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1 - State Of Chhattisgarh Secretary, Excise And Commercial Tax Department, Mantralaya, Mahanadi Bhawan, Naya Raipur District Raipur Chhattisgarh

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2 - Secretary Finance Department Chhattisgarh Government Mantralaya Naya Raipur District Raipur Chhattisgarh

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3 - Commissioner Office Of Excise Commissioner, Chhattisgarh Mantralaya Naya Raipur District Raipur Chhattisgarh

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4 - District Exise Officer Office Of District Excise Officer Uttar Bastar Kanker District Kanker Chhattisgarh

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5 - Division Joint Director Kosh Lekha And Pension Bastar Sambhag District Bastar Chhattisgarh

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--- Respondent(s)

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2

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WPS No. 1505 of 2023

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1 - Rajkumar Matiyara S/o Late Shri Mehtarram Matiyara Aged About 63 Years Retired Aabkari Aarakshak, Karyalaya Jila Aabkari Adhikari Nivas- Gram Dashpur Post Bevarti Thana Kanker, District : Kanker, Chhattisgarh

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--- Petitioner(s)

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Versus

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1 - State Of Chhattisgarh Through Secretary, Aabkari / Vadijya-Kar Vibhag, Mantralaya, Mahanadi Bhawan, Naya Raipur, Chhattisgarh.

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2 - Secretary Finance Department, Chhattisgarh Shasan, Mantralaya Naya Raipur, District : Raipur, Chhattisgarh

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3 - Commissioner Karyalay Aabkari Aayukt Chhattisgarh, Mantralaya, Naya Raipur, District : Raipur, Chhattisgarh

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4 - Jila Aabkari Adhikari Karyalay Jila Aabkari Adhikari Uttar Baster Kanker, District : Kanker, Chhattisgarh

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5 - Sambhagiy Sanyukt Sanchalak Kosh Lekha Evam Pension Baster Sambhag Jila Baster Chhattisgarh.

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--- Respondent(s)

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For Petitioner(s) : Mr. Abhishek Dahariya, Advocate For Respondent(s) : Mr. Ajay Pandey, G.A.

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Hon’ble Mr. Justice Amitendra Kishore Prasad

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Order on Board

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11/09/2025

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1. At the outset, learned counsel for the petitioner submits that the entire amount of pension and gratuity has not been disbursed to the petitioner. Aggrieved by the actions of the respondent

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authorities, the petitioner has filed the present petitions. Further, learned counsel for the petitioner prays that this writ petition may be disposed of with a direction to the respondents or the competent authority to release all pending retiral dues of the petitioner at the earliest, within a specific timeframe to be fixed by this Court.

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2. Learned counsel appearing for the State submits that, owing to the pendency of the present writ petitions, the petitioner is not being paid the full amount of pension. At present, only 90% of the pension amount is being disbursed, while the remaining 10% is being withheld by the respondent authorities. It is further submitted that the payment of pension, gratuity, and other service-related benefits is pending. The State undertakes that, upon disposal of the petitions with appropriate directions to the authorities, the balance amount shall be released within a period of 60 days.

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3. Based on the submissions made by learned counsel for both parties, and without expressing any opinion on the merits of the case, these writ petitions are disposed of with a direction to the respondent authorities to grant the petitioner the full 100% amount of pension, gratuity, and other service-related benefits that remain pending.

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4. It is made clear that the pendency of these petitions cannot be a ground for withholding the said benefits. No interim order or stay has been granted by this Court. Accordingly, the authorities shall

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release the entire amount of pension, gratuity, and other servicerelated benefits forthwith, along with interest at the rate of 6% per annum, calculated from the date of filing of the petition, within ‘45

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days’ from the date of receipt of a copy of this order.

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5. With these observation(s) and direction(s), the petitions stand

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disposed of.

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Sd/-

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(Amitendra Kishore Prasad) Judge

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Saxena