Disposed¶27

(Died) Vijay Pal Sharma, through Legal Heirs. v. State Of Chhattisgarh And Ors.

Chhattisgarh HC11 Mar 2025WPS/570/2014

Case brief

AI extract

What is this about?

Recovery from pension proposed by show cause notice dated 30.05.2001 of Rs. 14,16,306/-; departmental enquiry pursuant to charge-sheet dated 21.02.1995; retiral dues, gratuity, GIS, family benefit scheme, earned leave paid after death of Vijay Pal Sharma; family pension paid to widow Indrawati Sharma (since deceased); nothing left to adjudicate; writ petition disposed with liberty to file afresh; High Court of Chhattisgarh, Bilaspur; neutral citation 2025:CGHC:12250.

What did the court decide?

No substantive relief adjudicated; petition disposed of with liberty to the petitioners to file a fresh petition if any grievance exists. ¶27

(Died) Vijay Pal Sharma, through Legal Heirs. Vs State Of Chhattisgarh And Ors. — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief adjudicated; petition disposed of with liberty to the petitioners to file a fresh petition if any grievance exists.

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Issue for consideration

Whether the show cause notice dated 30.05.2001 proposing recovery of Rs. 14,16,306/- from the petitioner's pension was illegal and inoperative in law. +1 more

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Ratio / Principle

Since the departmental enquiry culminated on the employee's death, all retiral dues were paid, and family pension was paid to the widow who has since expired, the Court held that nothing remained to be adjudicated at this juncture; neither the validity of the recovery proposal nor the challenge to the departmental enquiry was decided on merits.

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Key takeaways

The writ petition was disposed of with liberty reserved to the petitioners to file an afresh petition if any grievance still exists.ratio¶27

Detailed headnote1 paragraphs

High Court of Chhattisgarh at Bilaspur (single Judge, Narendra Kumar Vyas, J.), 12.03.2025, WPS No. 570 of 2014: Petition by the legal heirs of late Vijay Pal Sharma (original petitioner, deceased), assailing a show cause notice dated 30.05.2001 proposing recovery of Rs. 14,16,306/- from his pension as illegal and inoperative in law, and praying for setting aside the entire departmental enquiry initiated pursuant to charge-sheet dated 21.02.1995. In response to the Court's direction, the Deputy Director of Agriculture, Janjgir-Champa appeared and submitted that after culmination of the departmental enquiry on account of the employee's death, the entire retiral dues (pension, gratuity, GIS, family benefit scheme and earned leave) had been paid, and family pension had been granted to the widow Indrawati Sharma, who too had since expired; the State therefore took the stand that no further action was required as the grievance stood redressed. Finding nothing left to adjudicate, the Court disposed of the writ petition without deciding the challenged recovery or the enquiry on merits, reserving liberty to the petitioners to file an afresh petition if any grievance subsists.

2025:CGHC:12250

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 570 of 2014

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1 - (Died) Vijay Pal Sharma, Through Legal Heirs. As Per Honble Court Order Dated. 11/06/2024.

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1.1 - Indrawati Sharma Widow Of Late Vijay Pal Sharma Aged About 82 Years Resident Of Bhagwati Bhawan Patrkar Colony, Katurba Nagar, Ring Road No.2, Bilaspur, District - Bilaspur, Chhattisgarh.

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1.2 - Kamlesh Chandra Sharma S/o Late Vijay Pal Sharma Aged About 59 Years Resident Of Bhagwati Bhawan Patrkar Colony, Katurba Nagar, Ring Road No.2, Bilaspur, District - Bilaspur, Chhattisgarh.

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1.3 - Amit Kumar Sharma S/o Late Vijay Pal Sharma Aged About 57 Years Resident Of Bhagwati Bhawan Patrkar Colony, Katurba Nagar, Ring Road No.2, Bilaspur, District - Bilaspur, Chhattisgarh.

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1.4 - Narendra Kumar Sharma S/o Late Vijay Pal Sharma Aged About 56 Years Resident Of Bhagwati Bhawan Patrkar Colony, Katurba Nagar, Ring Road No.2, Bilaspur, District - Bilaspur, Chhattisgarh.

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... Petitioners

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versus

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

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2 - State Of Madhya Pradesh Throuth The Secretary, Agriculture Departemnt, Mantralaya, Vallabh Bhawan, Bhopal, Mp, District : Bhopal, Madhya Pradesh

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3 - Joint Director Directorate Of Agriculture, Near Central Co-Operative Bank, Nehru Chowk, Bilaspur, Distt Bilaspur, Cg, District : Bilaspur, Chhattisgarh

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... Respondents

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For Petitioners : Mr. Ashish Shrivastava, Senior Advocate along with Mr. Rahul Ambast, Advocate For State : Mr. Kishan Lal Sahu, Dy. Government Advocate

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Hon'ble Shri Justice Narendra Kumar Vyas

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Order on Board

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BHUMIKA ANGARE

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Digitally signed by BHUMIKA ANGARE Date: 2025.03.12 16:46:03 +0530

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12.03.2025

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The petitioner has filed the present writ petition assailing the impugned show cause notice dated 30.05.2001 by which recovery of amount of Rs. 14,16,306/- from the petitioner’s pension has been proposed treating the same to be illegal and inoperative in law. The petitioner has also prays for setting-aside the entire departmental enquiry initiated against the petitioner pursuant to charge-sheet dated 21.02.1995.

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In pursuance of direction issued by this Court, Mr. Lalit Mohan Bhagat, Deputy Director Agriculture, District Janjgir Champa is present before this Court through video conferencing and would submit that after culmination of the departmental enquiry on account of unfortunate death of Vijay Pal Sharma, the entire retiral dues, pension, gratuity, GIS, family benefit scheme and all other earned leave have already been paid. Later on family pension has also been given to wife of deceased employee namely Indrawati Sharma but unfortunately she also expired, therefore, no action is required to be taken on behalf of the State/respondents as the grievance of the petitioner has already been redressed.

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