Disposed¶29

Awdhesh Sharma v. State of Chhattisgarh

Chhattisgarh HC5 Jan 2026WPS/5721/2022

Case brief

AI extract

What is this about?

Deputation allowance; special pay for deputation; Municipal Corporation Bhilai; Water Resources Department; Assistant Engineer; deputation 24.02.2011 to 14.08.2017; superannuation 30.11.2017; mandamus; payment within 90 days; writ petition disposed; Chhattisgarh High Court Bilaspur; Sachin Singh Rajput, J.; WPS No. 5721 of 2022.

What did the court decide?

Direction to respondent No. 3 (Municipal Corporation Bhilai) to calculate the admissible deputation allowance payable to the petitioner and pay it within 90 days from receipt of a copy of the order, with liberty to approach the Court again if aggrieved. ¶29

Awdhesh Sharma Vs State of Chhattisgarh — Chhattisgarh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, an Assistant Engineer in the Water Resources Department who served on deputation with respondent No. 3 (Municipal Corporation Bhilai) from 24.02.2011 to 14.08.2017, is entitled to deputation allowance / special pay for the deputation period. +1 more

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Court's answer

Respondent No. 3 is directed to calculate the admissible deputation allowance payable to the petitioner and pay the same to him within 90 days from receipt of a copy of the order.

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Ratio / Principle

By directing respondent No. 3 itself to calculate and pay the deputation allowance, the Court treated respondent No. 3 as the authority to discharge the payment, notwithstanding the stand of respondents Nos. 1 and 2 that liability lay with respondent No. 3.

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Key takeaways

If the petitioner is aggrieved by any action taken pursuant to the direction, he is at liberty to approach the Court again.obiter¶28

Detailed headnote1 paragraphs

Chhattisgarh High Court (Bilaspur), Single Bench — Sachin Singh Rajput, J. — WPS No. 5721 of 2022, decided 06.01.2026: A retired Assistant Engineer of the Water Resources Department, who served on deputation with the Municipal Corporation Bhilai from 24.02.2011 to 14.08.2017 and superannuated on 30.11.2017, claimed deputation allowance / special pay for the deputation period under State circulars. The State respondents (Nos. 1 and 2) contended that liability lay with respondent No. 3; respondent No. 3 did not dispute entitlement but stated that its proposal to respondents Nos. 1 and 2 had not been acted upon. Disposing of the writ petition, the Court directed respondent No. 3 to calculate the admissible deputation allowance and pay it to the petitioner within 90 days of receipt of the order, reserving liberty to approach the Court afresh if aggrieved.

2026:CGHC:740

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 5721 of 2022

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1 - Awdhesh Sharma S/o Late Manrakhan Lal Tiwari Aged About 67 Years R/o House No. 06, Aashirvad, Bamleshwari Colony, Borsi District Durg Chhattisgarh.

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... Petitioner

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versus

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1 - State Of Chhattisgarh Through - Its Secretary, Dept. Of Water Resources, H.Q. Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh.

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HIFZURRAHMAN ANSARI

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Digitally signed by HIFZURRAHMAN ANSARI Date: 2026.01.08 17:08:21 +0530

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2 - State Of Chhattisgarh Through Its Secretary, Department Of Urban Administration And Development, H.Q. Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh.

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3 - The Commissioner Municipal Corporation Bhilai District Durg Chhattisgarh.

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... Respondent(s) For Petitioner : Mr. Santosh Kumar Pandey, Advocate For Respondents No. 1 & 2 : Mr. Rohitashwa Singh, Dy. GA For Respondent No. 3 : Mr. Rajesh Kesharwani, Advocate

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Hon'ble Shri Justice Sachin Singh Rajput

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Order On Board

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06.01.2026

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The petitioner has filed this writ petition seeking for the following relief(s);

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“10.1 The Hon'ble Court may kindly be pleased to call for the entire records pertaining the concerning matter.

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10.2 The Hon'ble Court may kindly be pleased to issue a writ in the nature of mandamus or suitable direction to the respondents authorities for the grant of the benefit of special pay for deputation/deputation allowance to the petitioner for the period of deputation in the office of Municipal Corporation Bhilai.

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10.3 The Hon'ble Court may kindly be pleased to allow any other relief as deem fit and proper with cost of petition.”

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Learned counsel for the petitioner submits that the petitioner is an employee of the State Government and was working as an Assistant Engineer in the Water Resources Department. On 24.02.2011, he was placed on deputation with respondent No. 3 and continued to work there until 14.08.2017. As per various circulars issued by the State Government, the petitioner was entitled to deputation allowance. Respondent No. 3 was obliged to pay the said deputation allowance, however, the same was not paid. The petitioner ultimately retired on attaining the age of superannuation on 30.11.2017. Hence, the present writ petition has been filed.

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Learned counsel for respondent Nos. 1 and 2 submits that since the petitioner was on deputation with respondent No. 3, the liability to pay deputation allowance lies with respondent No. 3.

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Learned counsel for respondent No. 3 does not dispute that the petitioner was entitled to receive deputation allowance, however, he submits that a proposal in this regard was sent by respondent No. 3 to respondent Nos. 1 and 2, which has not been acted upon till date.

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I have heard learned counsel for the parties and perused the record.

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Be that as it may, taking into consideration the submissions made hereinabove, it is directed that respondent No. 3 shall calculate the admissible deputation allowance payable to the petitioner and pay the same to the petitioner within a period of 90 days from the date of receipt of a copy of this order. If the petitioner is aggrieved by any action taken in this regard, he shall be at liberty to approach this Court again.

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With the aforesaid observations and directions, the writ petition is disposed of.

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Sd/-

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(Sachin Singh Rajput)

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Judge

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H.Ansari

Awdhesh Sharma v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Awdhesh Sharma 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

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