1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3117 of 2023 Suduna Ram Bhagat S/o Late Pekaram Bhagat Aged About 75 Years R/o Village Kujari, P.O. Kharsota, Tehsil-Jashpur, Chhattisgarh ... Petitioner. versus 1 - State Of Chhattisgarh Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, Naya Raipur, District : Raipur, Chhattisgarh. 2 - Chief Executive Officer Janpad Panchayat, Dhamda, District : Durg, Chhattisgarh. 3 - Department Of Treasury Account And Pension Through - Director, Mahanadi Bhawan, Naya Raipur, District : Raipur, Chhattisgarh. 4 - Divisional Director Treasury, Account And Pension, Durg, District : Durg, Chhattisgarh ... Respondents. For Petitioner : Ms. Surya Kawalkar Dangi, Advocate. For State/Respondents : Shri Ashutosh Shukla, PL. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 09/02/2026 AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.02.11 10:45:51 +0530 2 1. The present Writ Petition has been filed against the arbitrary and illegal conduct of respondent authorities in not releasing the pension, gratuity and other retirement dues of the petitioner. 2. The petitioner has prayed for the following reliefs:- I. That the Hon'ble Court may kindly be pleased to direct the respondent no. 2 to supply the necessary information /documents, to respondent no. 4 for release of pension, gratuity and other retirement dues of the petitioner. II. That the Hon'ble Court may kindly be pleased to direct the respondent no. 3 and 4 to release the pension, gratuity, EPF and other retrial dues within a period of 30 days. III. That the Hon'ble court may kindly be pleased, to direct the respondent authorities, to pay an interest @ 15% on delayed payment of retiral dues. IV. That the Hon'ble court may kindly be pleased, to direct the respondent authorities, to pay the cost of the petition. V. Any other relief, which this Hon'ble Court deems, fit in the facts and circumstances may also be granted in favor of the petitioner. 3. Necessary facts of the case are that the petitioner was appointed on 18.04.1972 on the post of gram sevak and the petitioner attained superannuation on 31.03.2008 from the post of 3 development extension officer (vikas vistar Adhikari). That, since the petitioner was not present in service from 25.10.2001 to 31.03.2008, vide the order dated 21.05.2015 the said period of absence was converted as 'dies non' and in the year 2016 for grant of pension the pay was revised by the respondent no. 2. Thereafter, vide the letter dated 21.04.2016 the respondent no. 2 requested the respondent no. 3 to prepare pension case of the petitioner. Herein, it is pertinent to submit that the petitioner in the year 2001 due to bad health could not join his duties and he has submitted an application for voluntary retirement. However, the petitioner's application was never considered for voluntary retirement and the same can be perused vide the letter dated 20.07.2012 issued by respondent no. 2, wherein, it was directed to the petitioner to submit the application in proper format. But, vide the order dated 21.05.2015 the period of absence from 25.10.2001 to 31.03.2008 was converted into dies non. That, for release of pension the petitioner made representations, but, the respondent no. 2 never supplied the documents as asked by the respondent no. 3. Neither respondent no. 3 took any steps for timely release of the petitioner's pension and retirement dues. It is submitted that whatever, documents the respondent no. 4 sought from respondent no. 2, the respondent no. 2 employer forwarded those letters to petitioner, for supplying the said documents. Initially, the issue came up that the service book of the petitioner is missing for which the petitioner was directed to make an FIR. The 4 petitioner made the police compliant and forwarded the copy of the police complaint to the respondent no. 2. That, since 23.06.2016 till 18.11.2022 the respondent no. 2 is asking for documents, which the petitioner has provided but till date the pension and other retiral benefits like gratuity and EPF has not been released of the petitioner. Infact, the petitioner is not being paid any anticipatory pension also and till date not a single penny has been paid to the petitioner. It is submitted that the petitioner is being made to move from pillar to post for preparation of pension case and grant of pension and the petitioner also requested the respondent no. 2 for forwarding of service book for preparation of pension case. Here in, it is pertinent to submit that one of the issue which was cropping up was that the service book of petitioner was lost, and the respondent authorities directed the petitioner to lodge an FIR for the missing of service book. It is submitted that petitioner made the complaint with the police authorities for registering of FIR and also provided the duplicate service book for preparation of pension papers. That, despite many representations, 27.06.2022 the petitioner made a representation for grant of pension and other retirement benefits like gratuity, provident fund, leave encashment etc. Herein, it is submitted that, recently vide the letter dated 17.10.2022 to release the pension of the petitioner and other retiral dues the respondent no. 4 sought certain documents from respondent no. 2. That, again pursuant to the letter dated 17.10.2022, the respondent no. 5 2 has forwarded the letter of respondent no. 4 to the petitioner on 18.11.2022 and asked the petitioner to submit these information for release of pension and other retiral dues. However, certain information/documents as asked by the respondent no. 4 have already been submitted by the petitioner and other information/documents only the employer can submit. It is submitted that the information sought by the respondent no. 4 is from the employer department and the petitioner is not responsible for providing these documents. Herein, it is pertinent to submit that since the police authorities were not registering the FIR, again the petitioner made a representation to the police state vide the representation dated 23.02.2023. 4. At the outset, learned State counsel submits that on 04.02.2026, some documents have been filed by them which show that pension and other service benefits except GPF amount has been disbursed in favour of the petitioner. He submits that GPF amount could not be disbursed due to technical difficulties and as the same could not be processed, a communication has already been sent in this respect to the Director, Treasury, Accounts and Pension, Indrawati Bhawan, Raipur C.G. by the Senior Treasury Officer, District Treasury Durg and payment of GPF amount is likely to be disbursed to the petitioner within a month. 5. At this stage, learned counsel for the petitioner submits that entire dues have already been received by the petitioner except the amount of GPF and if the Department is going to disburse the 6 same within 1 month, she has no objection in disposal of this petition. However, she prays that State/respondent authorities may be directed to disburse regular pensionary amount to the petitioner. 6. Considering the submissions advanced by learned State counsel and by counsel for the petitioner, this Writ Petition is disposed of with a direction to the respondent authorities to disburse the amount of GPF forthwith within a period of 1 month to the petitioner and report of the same be sent to Registrar (Judicial) of this Court. The respondent authorities are also directed to disburse regular pensionary amount to the petitioner. 7. It is made clear that if the amount of GPF is not disbursed to the petitioner within 1 month, suo moto contempt proceedings will be drawn against the concerned authorities. 8. With the aforesaid observation/direction, this Writ Petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Avinash