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Radhe Krishna Kashyap v. State of Chhattisgarh

Chhattisgarh HC27 Jan 2025WPS/521/2025

Case brief

AI extract

What is this about?

Pension and retiral dues; non-disbursement after retirement on 30.09.2024; Section 54-B Chhattisgarh Fundamental Rules; amounts allegedly withheld during suspension; prior departmental enquiry and sanction; 45-day compliance direction with liberty to apply if irregularity found; writ petition (service) WPS No. 521 of 2025; High Court of Chhattisgarh at Bilaspur; Justice Amitendra Kishore Prasad; petition disposed of.

What did the court decide?

Directions to the respondents to examine and disburse the petitioner's pension and other retiral dues, and to consider the matter in light of Section 54-B of the Chhattisgarh Fundamental Rules, within 45 days, with liberty to the State to file an appropriate application if any irregularity is found against the petitioner. ¶28

Radhe Krishna Kashyap Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents are required to disburse the petitioner's pension and other retiral dues, and to consider, in light of Section 54-B of the Chhattisgarh Fundamental Rules, the entire amount allegedly not given to him during his suspension.

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Court's answer

The respondents are directed to look into the matter and disburse the pension and other retiral dues which are required to be given to the petitioner.

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Ratio / Principle

The respondents are further directed to consider the matter in light of Section 54-B of the Chhattisgarh Fundamental Rules, in view of the petitioner's claim that he was not given the entire amount when suspended.

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Key takeaways

The exercise is to be completed within a period of 45 days; however, the State/respondent may file an appropriate application in case any irregularity is found against the petitioner.ratio¶26

Detailed headnote1 paragraphs

High Court of Chhattisgarh at Bilaspur (Amitendra Kishore Prasad, J.), WPS No. 521 of 2025, decided 28/01/2025 — Service writ petition by a retired employee (retired 30.09.2024) alleging that his pension and other retiral dues were withheld without reason; the State attributed the non-payment to a departmental enquiry held on a previous occasion for which sanction could not be obtained. The Court directed the respondents to look into the matter and disburse the pension and other retiral dues payable to the petitioner, and to consider the matter in light of Section 54-B of the Chhattisgarh Fundamental Rules (the petitioner claiming he was not given the entire amount during his suspension), directing completion of the exercise within 45 days while permitting the State to file an appropriate application if any irregularity is found against the petitioner. Petition disposed of with these observations/directions.

2025:CGHC:5020

NAFR

Digitally signed byRAVI RAVI SHANKAR SHANKAR MANDAVI MANDAVI Date: 2025.01.31 10:53:09 +0530

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 521 of 2025

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1 - Radhe Krishna Kashyap S/o Late Shri Ghanaram Kashyap Aged About 62 Years R/o Galaxy Residency, Amlidih, Police Station- New Rajendra Nagar, District- Raipur (Chhattisgarh)

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... Petitioner

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versus

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1 - State Of Chhattisgarh Through The Secretary, Department Of Agriculture, Mantralaya, Mahanadi Bhawan, Naya Raipur, DistrictRaipur, Chhattisgarh

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2 - Director Department Of Agriculture, Resident Of- Block Ii, Second Floor, Indrawati Bhawan, Naya Raipur, Atal Nagar, District- RaipurChhattisgarh

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3 - Agriculture Production Commissioner Agriculture And Farmers Welfare And Biotechnology Department Mahanadi Bhawan, Nava Raipur, Atal Nagar, DistrictRaipur Chhattisgarh

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4 - Collector Sarguja, District- Ambikapur (Sarguja) Chhattisgarh

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... Respondent(s)

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(Cause-title taken from Case Information System)

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For Petitioner : Mr. Prakash Tiwari, Advocate For State/Respondent/s : Mr. Suyashdhar Badgaiya, Dy. Government Advocate

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Hon'ble Shri Justice Amitendra Kishore Prasad

Order on Board

28/01/2025

Heard Mr. Prakash Tiwari, learned counsel for the petitioner. Also heard Mr. Suyashdhar Badgaiya, learned Dy GA for the State/respondent/s.

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Learned counsel for the petitioner submits that without there being any reason the pension and other retiral dues were not given to the petitioner and as such a direction is required to be issued to the respondents to disburse the amount of pension and other retiral dues.

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On the other hand, learned State counsel submits that perhaps it could be given to the petitioner as some departmental enquiry were held on some previous occasion, however sanction etc. could not be obtained and as such the pension and other retiral dues could not be given.

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Considering the aforesaid aspect of the matter, further considering the fact that the petitioner has been retired on 30.09.2024, the respondent is directed to look the matter and disburse the pension and other retiral dues which are required to be given to the petitioner. The respondents are also directed to consider the matter in light of Section 54-B of the Chhattisgarh Fundamental Rules, as according to the petitioner, he has not been given entire amount when he was suspended. The exercise be done within a

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period of 45 days, however the State/respondent may file appropriate application in case any irregularity is found against the petitioner.

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