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2025 DAILYLAW 13433 (CHH)

BAL KISHOR BANDHE v. STATE OF CHHATTISGARH

WPS/1852/2025 · 2025-03-18

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:12779 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1852 of 2025 1 - Bal Kishor Bandhe S/o Late Ramchran Bandhe Aged About 60 Years R/o Ward No. 10, Jai Stambh Chowk, Naya Para Simga, Tahsil And Thana Simga, District- Balodabazar-Bhatapara (C.G.) ... Petitioner(s) versus 1 - State of Chhattisgarh Through- Secretary, Water Resources Department, Mahanadi Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur (C.G.) 2 - Chief Engineer Water Resources Department, Mahanadi Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur (C.G.) 3 - Chief Executive Officer Mahanadi Water, Disnet Division No. 3, Tilda, District Balodabazar-Bhatapara (C.G.) 4 - Joint Director Department Of Account And Pension, Pension Bada, Raipur, District Raipur (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Ashok Patil, Advocate. For Respondent/State : Mr. Kanwaljeet Singh Saini, Panel Lawyer. Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 18/03/2025 AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.03.19 17:43:14 +0530 2 1. By the present writ petition, the petitioner who is working as Sub-Engineer in the department of Water Resources at Sub- Division Tilda, District: Balodabazar-Bhatapara, appointed on 09/02/1994 and completed thirty years of service, submitted an application seeking voluntary retirement under the VRS on 14/06/2024 which was forwarded to the respondent No.2 on 15/10/2024, but the said application has not been decided till date. 2. Learned counsel for the petitioner would submit that the petitioner’s application for voluntary retirement has been submitted in the month of June 2024 and forwarded to the respondent No.2 on 15/10/2024. On 19/11/2024, the Office of Executive Engineer has issued a report stating that there is no recovery, no departmental enquiry is pending against the petitioner and the same forwarded to the respondent No.3, however, the application is not being decided by the respondent and though the petitioner is working in the department, the salary of the current period are not being disbursed to the petitioner. 3. Learned counsel for the State, on instruction, would submit that if the application of voluntary retirement is pending before the respondent No.3/Chief Executive Officer, Mahanadi Water Resources, Disnet No.3, Tilda, the same shall be considered in accordance with law and necessary order will be passed within a period of forty days. 3 4. I have heard learned counsel for the parties, perused the pleadings and documents. 5. It appears from the pleadings of the petitioner that the petitioner has submitted the application for voluntary retirement before the Executive Engineer on 14/06/2024 and the requisite certificate of the department regarding the working period of the petitioner has been also forwarded to the authorities, however, the application has not been decided till date, hence, the writ petition is disposed of with a direction to the respondent No.3/Chief Executive Officer to consider the application filed by the petitioner and pass a necessary order within a period of forty days from the date of receipt of copy of this order. The petitioner is at liberty to apprise the concerned authority about the order of this Court. 6. Accordingly, the present writ petition stands disposed of. SD/- (Bibhu Datta Guru) Judge Amardeep