Disposed¶29

Usha Udapure v. Managing Director

Chhattisgarh HC9 Apr 2026WPS/2970/2026

Case brief

AI extract

What is this about?

Death in harness during suspension; suspension period salary; 6th Pay Commission arrears (3rd installment); 7th Pay Commission arrears (01.01.2016 to 30.07.2019); Range Officer; widow petitioner; fresh representation; direction to decide representation within two months; Managing Director, Chhattisgarh State Antyavasai Sahakari Vitta Evam Vikas Nigam Ltd.; WPS No. 2970 of 2026; Parth Prateem Sahu, Judge; petition disposed of; no adjudication on merits.

What did the court decide?

Petition disposed of with liberty to the petitioner to submit a fresh representation raising all grounds raised in the writ petition; the respondent authority is directed to consider and decide the representation in accordance with law, expeditiously, preferably within a further period of 2 months from receipt. ¶29

Usha Udapure Vs Managing Director — Chhattisgarh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondent authority should be directed to release/grant payment of the deceased husband's salary for the suspension period (13.08.2012 to 30.07.2019), arrears of the 6th Pay Commission (3rd installment) and 7th Pay Commission (01.01.2016 to 30.07.2019), as sought in the writ petition reliefs.

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Court's answer

Instead of keeping the writ petition pending awaiting a reply from the respondents, the Court found it appropriate to dispose of the petition at this stage, permitting the petitioner to submit a fresh representation raising all the grounds raised in the writ petition before the respondent authority.

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Ratio / Principle

If such a fresh representation is submitted, the respondent authority shall consider and take a decision on the representation in accordance with law, expeditiously, preferably within a further period of 2 months from the date of receipt of the representation.

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Detailed headnote1 paragraphs

Writ petition (WPS No. 2970 of 2026, High Court of Chhattisgarh) filed by the widow of a Range Officer who died in harness during suspension, seeking release of salary for the suspension period (13.08.2012 to 30.07.2019), arrears of the 6th Pay Commission (3rd installment) and 7th Pay Commission (01.01.2016 to 30.07.2019). The Court, instead of keeping the petition pending for a reply, disposed of it at this stage permitting the petitioner to submit a fresh representation raising all grounds raised in the writ petition, with a direction to the respondent authority (Managing Director, Chhattisgarh State Antyavasai Sahakari Vitta Evam Vikas Nigam Ltd.) to consider and decide the representation in accordance with law, expeditiously, preferably within two months of receipt.

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RAVISHANKAR Digitallysigned byRAVISHANKARMANDAVI MANDAVI Date:2026.04.1612:11:01+0530

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2026:CGHC:16537

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 2970 of 2026

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1 - Usha Udapure W/o Late Shri Shyamrao Udpure Aged About 60 Years R/o Lalbag Housing Board Colony, Ward No. 23, District Rajnandgaon Chhattisgarh

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... Petitioner

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versus

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1 - Managing Director, Chhattisgarh State Antyavasai Sahakari Vitta Evam Vikas Nigam Ltd., Naya Raipur, District Raipur Chhattisgarh

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... Respondent

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(Cause title is taken from CIS) For Petitioner : Mr. Kunal Das, Advocate For Respondent : Ms. Soumya Das, Advocate on behalf of Mr. Rakesh Jha, Advocate

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SB: Hon'ble Shri Parth Prateem Sahu, Judge

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Order on Board

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10/04/2026

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Petitioners have filed this writ petition seeking following reliefs:-

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“10.1. That this Hon'ble Court may kindly be pleased to call the entire record of the

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petitioner husband Late Shri Shaym Rao Udapure case file.

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10.2. That this Hon'ble Court may kindly be pleased to directed the respondent authority to release/grant the payment of the deceased month of June and July 2012.

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10.3 That this Hon'ble Court may kindly be pleased to directed the respondent authority to release/grant the payment of the arrears of 6th pay commission 3rd installment deceased payment.

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10.4 That this Hon'ble Court may kindly be pleased to directed the respondent authority to release/grant the payment of the arrears of 7^th pay commission from 1 January 2016 to 30 July 2019.

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10.5 That this Hon'ble Court may kindly be pleased to directed the respondent authority to release/grant the payment of suspension period dated from 13.08.2012 till to the 30.07.2019 remaining payment.

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10.4That, this Hon'ble Court may kindly be pleased to grant any other relief which is deem fit for the petitioner.”

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Learned counsel for the petitioner submit that husband of the petitioner while working on the post of Range Officer put under suspension, however during the period of suspension he died in harness. Husband of petitioner had submitted representation for the payment of salary during his period of suspension and also arrears of 6^th Pay, before his death which could not be considered and no order has been passed. Wife of the petitioner has also submitted representation, however copy of the same has not been enclosed along with the petition.

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Counsel for the respondent prays for time to seek instruction in the matter.

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Considering the nature of the grievance raised by the petitioner, particularly the claim of salary of the period of suspension of her husband and arrears of 6^th Pay Revision, instead of keeping this writ petition pending before this Court seeking reply form the respondent, I find it appropriate to dispose of this writ petition at this stage permitting the petitioner to submit a fresh representation raising all the grounds as raised in this writ petition before respondent authority and if such an representation is submitted, the respondent authority shall consider and take decision on the representation in accordance with law, expeditiously, preferably within further period of 2 months from the date of receipt of the representation.

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With the aforesaid observations and directions, this petition stands disposed of.

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Sd/- (Parth Prateem Sahu) Judge

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Ravi Mandavi

Usha Udapure v. Managing Director

Case brief

What is this about?

What did the court decide?

Usha Udapure v. Managing Director

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Procedural history

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