K. R. Bhardwaj Vs State Of Chhattisgarh

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1

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2026:CGHC:7457

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 3322 of 2017

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K. R. Bhardwaj S/o Late Shri Jogiram Bhardwaj, Aged About 65 Years Occupation Retired Lecturer/ Incharge Principal Of Govt. Girls Higher Secondary School Lundra, District Surguja, Chhattisgarh, Resident Of Village Rasauta, Tahsil And P.S. Baloda, District Janjgir-Champa, Chhattisgarh, Chhattisgarh

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... Petitioner

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versus

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1 - State Of Chhattisgarh Through Secretary, Department Of Tribal Welfare And Development, Mantralaya Mahanadi Bhawan, Naya Raipur, Chhattisgarh.

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2 - Commissioner, Scheduled Tribes And Scheduled Caste Development Department, Chhattisgarh, Raipur, District Raipur, Chhattisgarh.

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3 - Collector Tribal Development, Ambikapur, District Surguja, Chhattisgarh.

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4 - Assistant Commissioner, Tribal Development Department, Ambikapur, District Surguja, Chhattisgarh.

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5 - Accountant General, Chhattisgarh Raipur, District Raipur, Chhattisgarh.

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6 - Principal, Govt. Girls Higher Secondary School Lundra, District Surguja, Chhattisgarh.

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... Respondents For Petitioner : None For Res./State : Mr. Rajkumar Gupta, Additional Advocate General and Mr. Ghanshyam Patel, Deputy Government Advocate

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2

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Hon'ble Shri Justice Sachin Singh Rajput Order On Board

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10/02/2026

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As the learned counsel appearing for the petitioner has passed away. This Court on 05.12.2025, issued a fix date SPC to the petitioner enabling him to make arrangements for representation before this Court. According to the office report, the SPC issued to the petitioner is reported to be served.

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The present writ petition has been filed by the petitioner with the following prayer:-

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“(I) that, this Hon’ble Court may kindly be pleased to call for the entire record pertaining to the petitioner’s case, in the interest of justice.

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(ii) That, this Hon’ble Court may kindly be pleased to command and direct the respondent authorities to released/sanction the retiral benefits of the petitioner and pay the pension, gratuity, GPF and leave encashment including entire retiral dues to the petitioner along with 18% interest, in the interest of justice.

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(iii) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.”

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Perusal of the pleadings would indicate that the petitioner has retired from his services with effect from 31.03.2014 from the post of Lecturer/incharge Principal of Government Girls Higher Secondary School Jundra, District Sarguja (C.G.), after attaining the age of superannuation on 24.03.2014. It appears that the retiral dues have not been paid to the petitioner,

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therefore, seeking the above stated relief, this writ petition has been filed.

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The return on behalf of respondent/State has been filed wherein it has been stated that a criminal Case No. 271/2008 for an offence under Sections 420, 467, 468, 471, 511 and 34 of Indian Penal Code was pending against the petitioner before the Court of learned Chief Judicial Magistrate, Ambikapur, District Surguja (C.G.). It has been further stated that the pension’s case of the petitioner could not be decided till date. Return also reflects that GPF amount of the petitioner has already been withdrawn by the petitioner excessively and there is a negative balance of Rs. 59602/- in his GPF Account. The return further reflects that the amount of gratuity and leave encashment have been withheld by the respondent/department as the aforesaid criminal case has been pending against the petitioner. Thus , until and unless the said criminal case is not disposed and the petitioner is not acquitted from the said criminal charges, the said amount cannot be released to the petitioner.

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When the matter was called in the first half, this Court directed the learned State counsel to ascertain the present status of the said criminal case. Mr. Ghanshyam Kashyap, learned Dy. G. A. for the State submits that in the said criminal case, the petitioner was acquitted by the learned trial Court and the appeal filed by the State against such acquittal has also dismissed before the learned Sessions Court, Ambikapur District- Surguja. He further submits that no proceedings were carried out against the judgment of the learned Sessions Court.

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In the given facts & circumstances, as the criminal case against the petitioner resulted into his acquittal, now there is no impediment for release of the retiral dues of the petitioner. Thus this writ petition is disposed of directing the respondent/department to release all admissible retiral dues of the

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petitioner viz pension, gratuity, leave encashment etc within a period of 60 days from the date of receipt of copy of this order alognwith the arrears, if it has already not been paid to the petitioner. The petitioner is also at liberty to file a fresh petition in case of any cause of action still subsists or eventuality arises.

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As no representation has been made on behalf of the petitioner, Registry is directed to communicate this order to the petitioner.

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Sd/-

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(Sachin Singh Rajput ) Judge

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Ami

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AMITA Digitally signed by AMITADUBEY Date: 2026.02.20 11:52:26 DUBEY +0530

K. R. Bhardwaj v. State Of Chhattisgarh

Case brief

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K. R. Bhardwaj v. State Of Chhattisgarh

Case brief

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