K.S. Gendre v. State of Chhattisgarh

Chhattisgarh HC5 Feb 2026WPS/5039/2022

Case brief

AI extract

What is this about?

Withheld increments; arrears of pay; stoppage of three annual increments with cumulative effect modified to withholding of one increment with non-cumulative effect; Departmental Inquiry punishment; superannuation order dated 08.07.2009; WPS No. 6941/2009 dismissed 13/04/2016; W.A. No. 127/2018 Division Bench order dated 01.11.2018; DEO Balod compliance direction dated 10.04.2023; retired Lecturer; School Education Department, Government of Chhattisgarh; direction to pay arrears within 90 days; pension revision sought; W.P.(S) No. 5039 of 2022; High Court of Chhattisgarh at Bilaspur; Justice Sachin Singh Rajput.

What did the court decide?

Direction to the respondents to pay the arrears of the increments in compliance of the order dated 01.11.2018 passed in W.A. No. 127/2018, within 90 days from the date of receipt of a copy of the order.

K.S. Gendre Vs State of Chhattisgarh — Chhattisgarh HC (2026) — LawSathi Research

¶1

Digitally signed by ASHISH ASHISH TIWARI TIWARI Date:2026.02.17 12:20:40 +0530

¶2

2025:CGHC:16566

¶3

NAFR

¶4

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶5

W.P.(S) No. 5039 of 2022

¶6

K.S. Gendre, S/o Shri Bir Singh Gendre, aged about 68 Years, Lecturer (Retired), R/o Ward No. 14, Amapara, Balod, Tahsil And District Balod Chhattisgarh

¶7

---- Petitioner

¶8

Versus

¶9

1 - State of Chhattisgarh Through The Secretary, School Education Department Of, Mantralaya, Mahanadi Bhawan, Nawa Raipur Chhattisgarh

¶10

2 - The Director Directorate Of Public Instructions, Indravati Bhawan, Atal Nagar Nawa Raipur Chhattisgarh

¶11

3 - The District Education Officer District Balod Chhattisgarh

¶12

4 - The Block Education Officer Balod, District Balod Chhattisgarh

¶13

5 - The Joint Director Treasury, Accounts And Pension, Durg, District Durg (C.G.)

¶14

Respondents

¶15

For Petitioner : Shri D.N. Prajapati, Advocate. For Respondent /State : Shri Suyashdhar Badgaiyya, G.A .

¶16

Hon'ble Shri Justice Sachin Singh Rajput

¶17

Order on Board

¶18

06/02/2026

¶19

This writ petition has been filed by the petitioner seeking for the following relief :

¶20

10.1 That, this Hon'ble Court may kindly be pleased to call the entire records pertaining to the case of petitioner from the respondents;

¶21

10.2 That this Hon'ble Court may kindly be pleased to issue an appropriate writ/order/direction to the respondent authorities to forthwith release two withheld increments in favour of petitioner with arrears of pay, with interest @ 12% per annum from

¶22

-2-

¶23

the date of entitlement to actual payment, in accordance with law;

¶24

10.3 That this Hon'ble Court may kindly be pleased to direct the respondent authorities to revise the pension of petitioner by including the withheld increments;

¶25

10.4 That any other relief/order which may deem fit and just in the facts and circumstances of the case, including cost of the petition may kindly be awarded to the petitioner.

¶26

Learned counsel for the petitioner submits that the petitioner is a retired Lecturer who was working with the respondent and was superannuated vide an order dated 08.07.2009 (Annexure P/1). After conclusion of a Departmental Inquiry, the petitioner was inflicted with punishing of stoppage of three annual increments with cumulative effect. This order imposing punishment was challenged by the petitioner before this Court in WPS No. 6941/2009. The learned Single Bench of this court vide its order dated 13/04/2016 dismissed the writ petition of the petitioner. Challenging the same, the petitioner has filed a W.A. No. 127/2018. The Division Bench of this Court vide order dated 01.11.2018 modified the punishment and substituted with punishment of withholding of one annual increment with non-cumulative effect. He submits that the punishment imposed withholding of three increments with cumulative effect has now been modified to withholding of one increment with non-cumulative effect, the increments which were withheld by the respondents in light of the order dated 08.07.2009 ought to have been paid to the petitioner. Till today, the petitioner has not been paid the arrears of the increment. Thus, the relief as claimed may be granted.

¶27

Learned counsel for the respondent submit that vide order dated 10.04.2023, the District Education Officer, Balod (C.G.) directed the Principle, Bunyadi

¶28

-3-

¶29

Uchhatar Madhyamik Vidalaya, District – Balod (C.G.) to comply the order passed in WA No. 127/2018.

¶30

Heard learned counsel for the parties and perused the record.

¶31

In view of the above, this writ petition is disposed of, the respondents are directed to pay the arrears of the increments in compliance of the order dated 01.11.2018 passed in WA No. 127/2018 within period of 90 days from the date of receipt of copy of this order.

¶32

Sd/- Sd/(Sachin Singh Rajput) Judge

¶33

Ashish

K.S. Gendre v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

K.S. Gendre v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Kamal Singh Vs Sukhdev

Mohammad Javed Vs State of Chhattisgarh

Chowa Ram Sahu Vs State of Chhattisgarh

Rambhau Dewangan Vs State of Chhattisgarh

The Chhattisgarh Infrastructure Development Corporation Vs Maheshwar Soni

Ajeet Singh Vs Savitri Davi And Anr.