Rohit Kumar Sidar S/o Mehattar Singh Sidar Aged About 68 Years R/o H.No. 2910/117, Laxmi Nagar, Near Pachpedi Naka, Raipur, Distt. Raipur, Chhattisgarh.

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... Petitioner

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versus

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1 - State Of Chhattisgarh Through Secretary, Department Of Tribal And Scheduled Caste Development, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Distt. Raipur, Chhattisgarh.

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2 - The Commissioner, Department Of Tribal And Scheduled Caste Development, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Distt. Raipur, Chhattisgarh.

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... Respondent(s)

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(Cause title is taken from Case Information System)

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For Petitioner : Mr. Vikas Dubey, Advocate For Respondents/ State: Ms. Sakshi Bajpai, Panel Lawyer

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Hon’ble Shri Bibhu Datta Guru, Judge

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Order on Board

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18/09/2026

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By the present writ petition, the petitioner seeks a direction to the respondent authorities to restore his full pension and release the entire gratuity amount w.e.f. 01.12.2022, in terms of Rule 9(4) of

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the Chhattisgarh Civil Services (Pension) Rules, 1976 (for short, “the Rules of 1976”).

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Learned counsel appearing for the petitioner submits that the petitioner retired from service on 30.11.2020 from the post of Research Officer. Prior to his retirement, a departmental enquiry was instituted against him on 25.06.2019, which is still pending. He submits that in view of the provisions contained in Rule 9(4) of the Rules of 1976, the petitioner is entitled to restoration of the withheld pension upon expiry of two years from the date of institution of the departmental enquiry. He further submits that a similar issue has been considered by the coordinate Bench of this Court in WPS No.2495 of 2021. He submits that the petitioner had earlier submitted a representation before the Secretary, Department of Tribal and Scheduled Caste Development, vide Annexure P/6. However at present, he submits that the petitioner would be satisfied if he is permitted to submit a fresh comprehensive representation before the competent authority, raising all grounds available to him in law, including his grievance regarding restoration of full pension and release of gratuity in terms of Rule 9(4) of the Rules of 1976. He, therefore, prays that the petition may be disposed of with a direction to the competent authority to consider and decide the petitioner’s claim in accordance with law.

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On the other hand, learned State counsel submits that if the petitioner submits a fresh representation before the competent

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authority, the same shall be considered and decided in accordance with law and the provisions of Rule 9(4) of the Rules of 1976, within a stipulated period.

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

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Considering the limited prayer made by learned counsel for the petitioner and also taking into account the submission made by learned State counsel, the present writ petition is disposed of with liberty to the petitioner to submit a fresh representation before the respondent authority/ Secretary, Department of Tribal and Scheduled Caste Development, raising his claim for restoration of full pension and release of gratuity in terms of Rule 9(4) of the Rules of 1976. In case of filing of such representation by the petitioner, the competent authority shall consider and decide the same by passing a reasoned and speaking order, in accordance with law, the applicable rules and the decision passed by this Court in WPS No.2495 of 2021, within a period of 50 days from the date of receipt of such representation.

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With the aforesaid direction, the writ petition stands disposed of .

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(Bibhu Datta Guru) JUDGE

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$. Bhilwar

Rohit Kumar Sidar v. State of Chhattisgarh

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