Shashi Bhushan Sharma Vs State of Chhattisgarh

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2025:CGHC:61600

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Digitally ABHIGYA signed by SAXENA ABHIGYA SAXENA

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 3064 of 2023

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1 - Shashi Bhushan Sharma S/o Late R. V. Sharma Aged About 63 Years Retired Executive Engineer, Regional Office, Department Of Urban Administration And Development Jagdalpur District- Bastar Chhattisgarh. R/o C-19, Chouhan Town, Junwani, Ward No. 2, Bhilai, District : Durg, Chhattisgarh

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... Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through The Secretary Department Of Urban Administration And Development Mantralaya, Mahanadi Bhawan, Nava Raipur Atal Nagar Raipur, District : Raipur, Chhattisgarh

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2 - The Director Department Of Urban Administration And Development, Indravati Bhawan, Nava Raipur Atal Nagar Raipur, District : Raipur, Chhattisgarh

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3 - Joint Director Department Of Urban Administration And Development Jagdalpur, District : Bastar(Jagdalpur), Chhattisgarh

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4 - Deputy Director (Pension) Department Of Urban Administration And Development, Indravati Bhawan, Nava Raipur Atal Nagar Raipur, District : Raipur, Chhattisgarh

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... Respondent(s)

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For Petitioner(s) : Mr. Vikas Dubey, Advocate For Respondent(s) : Mr. Rahul Tamaskar, Government Advocate

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Hon’ble Mr. Justice Amitendra Kishore Prasad

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Order on Board

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17.12.2025

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This petition has been filed by the petitioner seeking for the following relief(s):-

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“ 10.1 To kindly call for the records of the case from the respondents.

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10.2 To kindly direct the respondents to pay the pension, gratuity, leave encashment, GIS and other retiral dues to the petitioner without any further delay.

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10.3 To kindly direct the respondents to pay the arrears to the petitioner with an interest of 12% p.a. from the date of the retirement over the unpaid amount of pensionary benefits.

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10.4 Any other relief or relief(s) which this Hon'ble Court may think proper in view of the facts and circumstances of the case may also kindly be granted. ”

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Facts of the case :- The petitioner, by way of the present writ petition, seeks an appropriate direction to the respondents for release of his lawful retiral dues, including pension, gratuity, General Insurance Scheme (GIS), leave encashment, and other

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consequential benefits, which have not been paid to him till date despite his retirement on 31.07.2022, and the lapse of a considerable period thereafter. The petitioner was serving as an Executive Engineer at the Regional Office, Department of Urban Administration & Development, Jagdalpur, District Bastar (Chhattisgarh), and retired from service upon attaining the age of superannuation of 62 years. The settlement of the petitioner’s pension and other retiral benefits is governed by the Chhattisgarh Municipal Services (Pension) Rules, 1980, wherein Rule 4 mandates that pensionary benefits, including gratuity and family pension, shall be regulated by the Chhattisgarh Civil Services (Pension) Rules, 1976. Being a retired employee of the Chhattisgarh Municipal Service, the petitioner is legally entitled to receive pension, gratuity, GIS, and leave encashment. Respondent No. 2 is the competent authority to process and release these retiral dues; however, despite the lapse of nearly ten months from the date of retirement, the respondents have failed to disburse even a single penny to the petitioner. The petitioner submits that pension and gratuity constitute his vested and accrued rights and are in the nature of property protected under Article 300A of the Constitution of India, and therefore, he cannot be deprived of the same except by due process of law.

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Learned counsel for the petitioner submits that the petitioner has been gravely aggrieved by the arbitrary, negligent and apathetic

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conduct of the respondents in failing to settle and release his retiral dues within a reasonable time, despite his retirement on 31.07.2022 and the lapse of a considerable period thereafter, compelling him to invoke the extraordinary jurisdiction of this Court. Though the respondents, in their reply dated 15.03.2025, have stated that the final pension and gratuity were sanctioned vide Pension Payment Order dated 29.09.2023 and that leave encashment and family welfare fund were released in November 2023.

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It is further submitted that such disbursements were made only after the filing of the present writ petition and pursuant to the intervention of this Court, while the petitioner’s provident fund dues still remain unsettled without any lawful justification. The respondents’ own documents, including Annexure R/4 and the communication of the Joint Director, Urban Administration and Development, Jagdalpur, disclose that although a partial amount of ₹20,50,523/- was released on 09.01.2025, the balance GPF amount invested in SBI bonds held in a joint official account remains pending for disbursement on account of interdepartmental correspondence, for which the petitioner is in no manner responsible. It is further submitted that the petitioner has at all times complied with the prescribed procedure and has persistently pursued the matter through written representations, collectively filed as Annexure RJ/1, and that the respondents’

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subsequent letters dated 03.12.2025 and 05.12.2025, alleging possession of the original bond by the petitioner, are factually incorrect, uncommunicated, and merely an eyewash to delay the release of the legitimate dues, as the said bonds, being official records of a joint account, are in the custody of the Commissioner, Municipal Corporation, Chirmiri.

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In the aforesaid circumstances, learned counsel for the petitioner prays that the petitioner be permitted to submit a detailed representation before the respondents and that the respondents be directed to consider and decide the same within a stipulated time as may be fixed by this Hon’ble Court, and to forthwith release the unpaid portion of the petitioner’s General Provident Fund, including the amount represented by ten State Bank of India bonds of ₹1,000/- each along with accrued interest. Learned counsel further submits that all averments made by the respondents in their reply, save and except those specifically admitted herein, are denied in toto .

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Learned counsel for the respondent opposes the submission made by learned counsel for the petitioner.

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I have heard learned counsel for the parties and perused the documents with utmost care.

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Be that as it may, after considering the submissions made by the both the parties at bar and on perusal of the documents available on record, this petition is disposed of, at this stage, permitting the petitioner to make a detailed representation before the respondent/competent authority projecting all his grievances as projected in this writ petition along with the copy of petition within 15 days from the date of receipt of copy of this order and in turn respondent/competent authority is expected to consider and decide the same within the period of 60 days from submission of such representation in accordance with the relevant rules and law applicable to the case of petitioner.

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