Chandra Pratap Chand Vs State of Chhattisgarh

1 - State Of Chhattisgarh Represented By The Secretary, Department Of Higher Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District- Raipur, Chhattisgarh.

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2 - Under Secretary Department Of Higher Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District- Raipur, Chhattisgarh. 3 - Commissioner Directorate Of Higher Education, Indrawati Bhawan, Atal Nagar, Raipur, Chhattisgarh.

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... Respondents For Petitioners : Mr. Pankaj Singh, Advocate. For Respondents/State : Mr. Hariom Rai, Panel Lawyer

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Hon’ble Shri Bibhu Datta Guru, Judge

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Order on Board

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19/06/2026

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By the present writ petition, the petitioner is seeking for for following reliefs:-

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“a) This Hon'ble Court may kindly be pleased to issue an appropriate writ directing the respondents

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to grant and disburse the Gratuity on the basis of the last drawn salary as per the 7th Pay Commission, and;

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(b) This Hon'ble Court may be pleased to issue a writ of mandamus directing the respondents to recompute and fix the Petitioner's Pension and gratuity as per the 7th Pay Commission, considering the last drawn salary at the time of retirement and consequentially grant arrears thereof with interest

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(c) This Hon'ble Court may be pleased to issue a writ of certiorari, quashing the Pension Payment Order (Annexure P/7) and the Gratuity Payment Order (Annexure P/8), to the extent which have erroneously fixed/determined pension and gratuity based on the 5th and 4th Pay Commissions, respectively, which ought to have been fixed as per the last drawn Pay i.e. 7th Pay Commission.

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(d) This Hon'ble Court may be pleased to issue an appropriate writ, order, or direction holding and declaring that the Petitioner is entitled to receive a pension as per the 7th Pay Commission, calculated on the basis of his last drawn salary and total length of service from 1984 until his retirement in 2022.

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(e) This Hon'ble Court may be pleased to issue an appropriate writ, order, or direction holding and declaring that the Petitioner is entitled to receive gratuity as per the 7th Pay Commission, computed based on his last drawn salary at the time of retirement;

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(f) Pass any such other or further order(s) or relief(s) that this Hon'ble Court may deem fit, just, and proper in the facts and circumstances of the present case.”

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Learned counsel for petitioner submits that the SNG College, Mungeli, in which petitioner was employed and working has been taken over by the State Government w.e.f. 05/08/2016 and thereafter the State Government has further taken a decision to absorb some of the employees working in the said college. The order of absorption of petitioner was dated 05/10/2018 and since then petitioner was working till the date of his attaining age of superannuation on 31/01/2022 as a Librarian and was receiving salary as per 7th pay revision. However, after retirement when retiral dues was computed, it was not computed as per 7th pay revision but with old pay revision. He also submits that the issue which is subject matter of the writ petition is considered by Division Bench of this Court in WA No. 111/2022 (State of Chhattisgarh vs. Dr. C.K. Tiwari and others and other connected matter; decided on

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25.08.2023) and submits that when once the employees like petitioner has been paid the salary according to 7th pay revision then they are also entitled for retiral benefits as per 7th pay revision.

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Learned counsel for State submits that in view of the limited prayer made by learned counsel for petitioner, he is having no objection. If petitioner submits representation it will be considered in accordance with law.

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On due consideration of the facts and circumstances of the case, nature of grievance raised and the submission made by learned counsel for respective parties, this writ petition at this stage is disposed of permitting the petitioner to submit fresh comprehensive representation along with all supporting documents before Respondent No.3 raising his grievance and in the event petitioner submits such fresh representation, the concerned authority shall consider and take decision on the representation to be submitted by petitioner, in accordance with law, expeditiously, preferably within a further period of 02 months from the date of receipt of representation, keeping in mind the decision passed in WA No. 111/2022 on 25.08.2023.

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With the aforesaid observation and direction, this writ petition is disposed of. SD/-

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(Bibhu Datta Guru) Judge

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Amardeep

Chandra Pratap Chand v. State of Chhattisgarh

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Chandra Pratap Chand v. State of Chhattisgarh

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