Vinod Shankar Sahu Vs State of Chhattisgarh

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Digitally signed by SHAYNA KADRI

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2025:CGHC:54690

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 1776 of 2023

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1 - Vinod Shankar Sahu S/o Late Shri B. L. Sahu Aged About 64 Years R/o Near Residence Of Smt. Kamla Devi Patle, Canal Bridge Champa Road, Janjgir, District - Janjgir - Champa, Chhattisgarh

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... Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through Secretary, Water Resource Department, Mahanadi Bhavan , Atal Nagar, Naya Raipur, District - Raipur, Chhattisgarh. 2 - Engineer In Chief Water Resources Department, Sector - 19, Shivnath Bhawan, Atal Nagar, Raipur, Chhattisgarh

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3 - Chief Engineer Hasdeo Ganga Kachhar, Water Resource Department, Ambikapur, District - Surguja, Chhattisgarh

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... Respondent(s)

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(Cause title is taken from Case Information System)

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For Petitioner	: Mr.	Vaibhav P. Shukla, Advocate
For State	: Mr.	Dashrath Prajapati, Panel Lawyer

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(Hon'ble Shri Amitendra Kishore Prasad, Judge)

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Order on Board

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10/11/2025

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The petitioner has filed the present petition seeking a direction to the respondent authorities for release of his retiral dues, including GPF, gratuity, pension, and arrears of increment, which have remained unpaid even after his retirement on 30.06.2021 from the post of Executive Engineer, Water Resources Department. The departmental inquiry initiated against him has already concluded with the imposition of a minor penalty vide order dated 25.01.2022, and no proceedings are pending against him. Despite repeated

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representations, his legitimate dues have not been released for more than one year and eight months, causing severe financial hardship. The inaction of the respondents is arbitrary, unjust, and violative of the petitioner’s fundamental rights under the Constitution of India, hence, this petition seeking following reliefs :

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“(a) To direct the Respondent authorities to make payment of the retiral dues including pension, GPF and gratuity as well as the arrears of the increments duly sanctioned and granted to the Petitioner within time as stipulated by this Hon'ble Court, as early as possible.

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(b) To direct the Respondent authorities to make the payment of the GPF to the Petitioner along with 8 % of interest, and compensation to which the Petitioner has been subjected due to inaction on the part of Respondent authorities.

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(c) Cost of the present petitioner may also be awarded.

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(d) Pass any other further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice.”

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Facts of the case, in a nutshell, are that the petitioner was initially appointed as an Assistant Engineer in the Water Resource Department of the erstwhile State of Madhya Pradesh on 18.07.1985. After a long and dedicated service, he attained the age of superannuation and was retired on 30.06.2021 vide order dated 25.06.2021. At the time of his retirement, he was serving as Executive Engineer (under suspension due to pending departmental proceedings) at Hasdeo Ganga Kachhar, Water Resource Department, Ambikapur. After retirement, the petitioner addressed a letter dated 08.09.2021 to the Chief Engineer, Hasdeo Ganga Kachhar, Water Resource Department, Ambikapur, requesting release of his retiral dues including pension, leave encashment, GPF, and gratuity. However, no action was

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taken. Subsequently, on 27.10.2021, the petitioner wrote to the Engineer-inChief, Water Resource Department, Raipur, expressing his grievance that even after the lapse of four months from his retirement, his retiral dues had not been paid. On the same date, he also addressed a representation to the Secretary of the Department reiterating his grievance regarding the nonpayment of retiral dues and arrears. The petitioner also submitted a request dated 18.12.2021 to the Chief Engineer seeking commutation of his pension up to 40% as permissible under the applicable rules. It is pertinent to mention that while the petitioner was posted as Executive Engineer, Water Resource Division, Baikunthpur, the office of the Superintending Engineer, Shyam Barnai Project, Ambikapur, District Surguja, had sanctioned the benefit of the 3^rd Time Scale and 7th Pay Scale to him vide order dated 23.01.2020. Later, on 08.10.2021, the concerned authority wrote to the Chief Engineer regarding the requirement of payment of arrears related to the above benefits. It is further submitted that on 24.09.2020, the petitioner, along with the then Sub-Divisional Officer, was placed under suspension in connection with a flood incident caused by damage to a small earthen dam constructed about 50 years ago on a local pond (“Talab”). During his suspension, the petitioner was attached to the office of the Chief Engineer, Ambikapur, where he continued until his retirement. During the suspension period, the petitioner was not even paid subsistence allowance sufficient for his livelihood, despite making several representations. It is submitted that the petitioner had maintained a clean service record throughout his career, but near his retirement, departmental proceedings were initiated, and all his dues were withheld, causing severe hardship and harassment. The departmental proceedings initiated against the petitioner were concluded on 16.11.2021, and by final order dated 25.01.2022 issued by the Under Secretary, Water Resource Department, a minor penalty of withholding one annual increment was imposed. The suspension period was regularized for the purpose of

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pensionary benefits. The petitioner has also not been reimbursed the Travelling Allowance (TA) bills submitted from time to time. Further, the petitioner had submitted a letter dated 30.07.2020 requesting reimbursement of medical expenses incurred for the treatment of his wife, who was suffering from cancer at the relevant time. Since the petitioner retired in June, he is also entitled to the benefit of one last increment as per the recent judgment of the Hon’ble Supreme Court of India. It is submitted that, as of date, the petitioner has not received any payment except anticipatory pension at the rate of 90%, which too is being disbursed irregularly. The amounts of GPF, gratuity, leave encashment, GIS, family benefit scheme, other allowances (including 75% “Gujara Bhatta”), 40% pension commutation, and arrears of the 7th Pay Scale and 3^rd Time Scale, though sanctioned, have not been paid. The petitioner has sent several reminders to the respondent authorities, but to no avail. The continuous inaction and withholding of legitimate dues by the respondent authorities constitute a clear violation of the fundamental and legal rights of the petitioner, compelling him to approach this Court.

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Learned counsel for the petitioner would submit that it is utterly arbitrary, unjust, and irresponsible on the part of the respondent authorities to withhold the retiral dues of petitioner under various heads even after the lapse of more than one year and eight months from his retirement on 30.06.2021. Despite repeated representations and reminders, the respondents have failed to release the legitimate dues to which the petitioner is lawfully entitled, thereby causing immense financial hardship and mental agony to him. The petitioner, being a retired government servant aged about 64 years, is no longer facing any departmental enquiry or criminal proceeding. The disciplinary proceedings initiated against him were duly concluded vide final order dated 25.01.2022, wherein only a minor penalty was imposed. The petitioner has a clean and unblemished service record, and there exists no justification whatsoever for the continued withholding of his retiral benefits after the

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conclusion of the proceedings. Non-payment of the retiral dues of the petitioner is a direct consequence of inaction and indifference on the part of the respondent authorities. Such inaction not only reflects administrative apathy but also results in the violation of the fundamental and legal rights of petitioner guaranteed under the Constitution of India. Payment of retiral dues on the date of retirement is a well-established rule and the non-payment thereof is an exception permissible only under rare and unforeseen circumstances. Under the provisions of the Chhattisgarh Civil Services (Pension) Rules, 1976, a comprehensive mechanism has been prescribed to ensure that the process for settlement of retirement benefits commences well before the date of superannuation. In the present case, the respondents have completely ignored the said statutory mechanism, thereby acting in violation of the Rules and principles of administrative fairness. The State authorities are duty-bound to deal with cases of retired Government servants promptly and effectively. Government employees spend the prime years of their lives serving the State with the legitimate expectation that, upon retirement, they will be provided with their lawful dues and will not be left destitute in their old age. The delay in payment of such benefits defeats this assurance and undermines the faith of employees in the State machinery. Payment of retiral dues, including pension, gratuity, and other benefits, is not a matter of generosity but a measure of social security and welfare. Pension represents the deferred portion of compensation for long and faithful service rendered by the employee and constitutes a vital element of post-retirement sustenance. Denial or delay in payment of such benefits defeats the very purpose of these welfare provisions. Non-payment of such dues amounts to deprivation of livelihood and thus violates the rights of petitioner under Article 21. Further, the Hon’ble Supreme Court has held that the right to receive pension constitutes a right to property under Article 300-A of the Constitution, which cannot be taken away except by authority of law. The arbitrary

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withholding of retiral dues, therefore, also violates the constitutional right of petitioner to property. The conduct of the respondent authorities is in clear violation of the binding directions of this Court in W.P.(S) No. 463 of 2017, Angad Prasad Vishwakarma vs. State of Chhattisgarh & Others, decided on 15.02.2018 . In that case, this Court held that an employee, whose GPF was withheld for 17 years, was entitled to interest at the rate of 8% per annum from the date of entitlement till actual payment, along with costs of Rs. 50,000/-. The Court further permitted recovery of the said amount from the officer responsible for such delay. The present case is no different, and the petitioner is similarly entitled to interest and appropriate compensation for the prolonged and unjustified withholding of his dues. The petitioner has made numerous representations and requests for release of his retiral benefits, arrears of increments, and other sanctioned amounts, but all such representations have fallen on deaf ears. The persistent inaction of the respondents has compelled the petitioner to approach this Court seeking protection of his fundamental and statutory rights and for issuance of appropriate directions to ensure payment of his lawful dues along with interest and consequential reliefs.

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Learned State counsel, opposing the submissions advanced on behalf of the learned counsel for petitioner, would submit that the present writ petition, as framed and filed by the petitioner, is devoid of merit and substance and, therefore, deserves to be dismissed. The petitioner has failed to demonstrate the existence of any enforceable legal or fundamental right warranting interference by this Court under its extraordinary writ jurisdiction. It is submitted that the petitioner superannuated from the post of Executive Engineer in the Office of the Chief Engineer, Hasdeo Ganga Basin, Water Resources Department, Ambikapur, District Surguja, on 30.06.2021. After his retirement, the service records of petitioner were duly forwarded to the Office of the Joint Director, Treasury, Accounts and Pension, Surguja Division,

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Ambikapur, for verification of his service particulars and fixation of pension. Simultaneously, the relevant details and documents concerning his General Provident Fund (GPF) account were sent to the Office of the Accountant General, Chhattisgarh, for issuance of an authority letter to enable payment of the GPF amount. During the verification process, the Office of the Joint Director, Treasury, Accounts and Pension, raised an objection that a recovery of Rs. 3,56,510/- was pending against the petitioner. The said recovery pertains to excess expenditure incurred during the year 2007 when the petitioner was on deputation with the Panchayat and Rural Development Department under the Chief Executive Officer, Zila Panchayat, Kabirdham. The Government, vide order dated 06.03.2007, had directed recovery of this amount from the petitioner. Despite repeated notices issued both by the borrowing department and the parent Water Resources Department, the petitioner failed to deposit the recoverable amount. Consequently, his Deathcum-Retirement Gratuity, Pension Payment Order, and certain other retiral dues have been withheld. It is further submitted that prior to the retirement of petitioner, a departmental enquiry was instituted against him concerning damage to the Khanda Medium Reservoir Project under the Water Resources Division, Baikunthpur. The charges were found proved, and accordingly, the disciplinary authority imposed a minor penalty of withholding one annual increment vide order dated 25.01.2022, under Rule 9 of the Chhattisgarh Civil Services (Pension) Rules, 1976. The suspension period from 24.09.2020 to 30.06.2021 was treated as duty only for pensionary purposes, and the pay/allowances received during the suspension were considered sufficient. It is submitted that the petitioner has already been paid 90% anticipatory pension from 01.07.2021 to 30.06.2023 at the rate of Rs. 61,875/- per month, and thereafter 100% pension has been paid regularly at Rs. 68,750/- per month. Payment of other admissible dues such as Death-cum-Retirement Gratuity (Rs. 18,00,000/-), Family Benefit Fund

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(Rs. 30,010/-), and Group Insurance Scheme amount (Rs. 1,70,707/-) are either paid or under process, subject to clearance of pending objections and recovery. The GPF payment is under process pending issuance of the authority letter by the Accountant General, Chhattisgarh. In view of the above facts, the action of the respondent authorities is strictly in accordance with law. The admissible retiral dues of petitioner will be released in due course after adjustment of the recoverable amount and completion of necessary formalities. Hence, the present petition is misconceived and liable to be dismissed.

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I have heard learned counsel for the parties and have also perused the documents enclosed along with the petition.

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The petitioner retired from government service on 30.06.2021 from the post of Executive Engineer, Water Resources Department, after rendering long and satisfactory service. The departmental proceedings initiated against him were concluded vide order dated 25.01.2022, in which only a minor penalty of withholding one annual increment was imposed. No other disciplinary or criminal proceeding is pending against him as on date. The petitioner has been pursuing his legitimate retiral dues, including gratuity, GPF, leave encashment, and other consequential benefits, through various representations made to the authorities. However, except for payment of anticipatory pension, the remaining retiral dues have not been released till date, causing unnecessary hardship and mental agony to the petitioner. The respondents have attempted to justify the non-payment of dues on the ground that a recovery of Rs. 3,56,510/- is pending against the petitioner for excess expenditure incurred during his deputation in the year 2007.

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This Court is of the considered opinion that the withholding of the entire retiral dues of petitioner merely on account of the said recoverable amount is unjustified. The authorities are well within their rights to recover the specified

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sum in accordance with law, but such recovery cannot operate as a ground to indefinitely delay payment of the balance lawful dues. Pension and other retiral benefits are not bounties but vested rights flowing from the long and faithful service of an employee, forming part of his right to livelihood under Article 21 and right to property under Article 300-A of the Constitution of India.

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Accordingly, considering the facts and circumstances of the case, the respondent State authorities are directed to deduct an amount of Rs. 3,56,510/- from the admissible retiral dues of the petitioner and release the balance amount to him forthwith without any further delay. The entire exercise shall be completed within a period of forty-five (45) days from the date of receipt of this order.

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With the above direction, the petition stands allowed .

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No order as to costs.

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Sd/-

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( Amitendra Kishore Prasad ) JUDGE

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Shayna

Vinod Shankar Sahu v. State of Chhattisgarh

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Vinod Shankar Sahu v. State of Chhattisgarh

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