1 2025:CGHC:17680 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2244 of 2016 1 - Gyandas Ajgalley S/o Late Puniram Ajgalley, Aged About 55 Years Occupation Assistant Grade Ill At Govt. Mahendra Karma College Dantewada, Police Station Dantewada, District Dantewada Chhattisgarh, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Higher Education Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh, Chhattisgarh 2 - Additional Secretary, Higher Education Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 3 - Commissioner, Higher Education Department, Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ... Respondents For Petitioner : None. For State/Respondents No. 1 to 3 : Ms. M. Asha, Panel Lawyer Hon'ble Shri Justice Sachin Singh Rajput Order on Board 17.04.2025 1. This writ petition has been filed by the petitioner seeking for the following reliefs:- “10.1 That, this Hon’ble Court may kindly be pleased to direct the respondent to pass appropriate order in the departmental proceeding which has been kept pending against the petitioner BHUMIKA ANGARE Digitally signed by BHUMIKA ANGARE Date: 2025.04.17 16:27:25 +0530 2 since 21.06.2006 and passed appropriate order without making any delay. 10.2 That, the respondent may also be directed to set-aside the letter dated 07.09.2009 in the light of the document submitted along with the petitioner in his reply for setting aside the order of suspension. 10.3 That, the respondent may also be directed to treat the period of suspension as a duty period and given or consequential benefit including the order of promotion from the post of Assistant Grade- III to Assistant Grade-II as well as Assistant Grade -II to Assistant Grade -I in favour of the petitioner from the date when the other similarly situated employee have get benefit for post of promotion. 10.4 Any other relief which this Hon’ble Court may deem fit and proper may also be passed in favour of the petitioner together with cost of the petition.” 2. A return has been filed by the State/respondents wherein Paragraph 8 of the return is quoted herein below:- “8. It is humbly submitted that, during the pendency of the instant writ petition, the Answering Respondents have passed an order on 20.02.2025 whereby, as per the letter dated 03.03.2012, issued by the General Administration Department, in case of death of a government servant under Rule 9 of the Chhattisgarh Civil Service (Pension) Rule, 1976 and Chhattisgarh Civil Service (Classification, Control and Appeal) Rules, 1966 while disciplinary proceedings/departmental inquiry are in progress against him the same should be terminated immediately, therefore, in view of the above, the Departmental Enquiry of the petitioner is terminated and to ensure that, the suspension period of the petitioner is counted in his service period and the action is taken to pay all dues as per the rule immediately. Copy of the order dated 20.02.2025, is being annexed as ANNEXURE R/1 for kind perusal of this Hon’ble Court.” 3 3. As the petitioner has died and the enquiry which was pending against him, has already been terminated and according to Annexure R/1 a direction was also issued to make payment of the dues in accordance with law. 4. In light of the above, the instant writ petition is disposed of. Sd/- (Sachin Singh Rajput) Judge Bhumika