1 2025:CGHC:43051 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2524 of 2023 1 - Dhanwan Sai Dehari S/o. Late Shri Meghnath Dehari, Aged About 62 Years Retired Dy. Superintendent Of Police, R/o. Village Bande, Tehsil Pakhanjore, District North Bastar Kanker Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Principal Secretary Department Of Home, Mantralaya Naya Raipur District Raipur Chhattisgarh 2 - State Of Chhattisgarh Through The Under Secretary Department Naya Raipur District Raipur Chhattisgarh 3 - The Director General Of Police, Chhattisgarh Police Head Quater, Raipur District Raipur Chhattisgarh 4 - The Superintendent Of Police, District Kanker Chhattisgarh 5 - The Divisional Joint Director, Jagdalpur Division, Treasury, Accounts And Pension District Jagdalpur Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Sunil Pillai, Advocate For Respondent(s) : Mr. Ashutosh Shukla, Panel Lawyer Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board (25.08.2025) ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 1. This petition has been filed by the petitioner seeking for the following relief(s) :- “10.1. To call for records pertaining to the case for kind perusal of the Hon'ble High Court 10.2. To direct respondents to forthwith make payment of gratuity retiral deus and monthly pension to the petitioner. 10.3. To direct respondents to pay to petitioner arrears of monthly pension alongwith 10% interest per annum. 10.4. To direct respondents to pay to petitioner 10% interest p.a. on delayed payment of retiral dues that have been made after 3 months of retirement. 10.5. To direct respondents compensation of Rupees Five lacs for mental agony suffered by petitioner. 10.6. To direct respondents to pay to petitioner cost of litigation. 10.7. To grant any other relief deemed fit and proper in facts and circumstances of the case.” 2. Facts of the present case, in brief, are that the petitioner retired on 31.05.2022 from the post of Deputy Superintendent of Police, which is duly evidenced from document dated 27.06.2022 (Annexure P/2). Though certain retiral dues such as leave encashment were paid belatedly after about four months on 26.09.2022, and GPF was also released with delay, while a sum of 2,00,000 under the “Shaheed ₹ Rajesh Pawar Samman Nidhi” was disbursed in July 2022 (Annexures P/3 & P/4), the petitioner’s monthly pension and gratuity have not been released till date. Despite repeated visits and representation dated 3 12.01.2023 to respondent no.3 (Annexure P/5), the petitioner was only given verbal assurances coupled with the pretext that under the Pension Rules, 1976, pension and gratuity can be withheld on account of pending disciplinary proceedings. However, Rule 63 of the said Rules mandates that the Audit Officer shall assess pension and gratuity not later than two months prior to retirement, thereby ensuring timely disbursement, which has been disregarded by the respondents in petitioner’s case. Further, the State Government vide circular dated 18.01.2021 directed prompt disposal of pension cases (Annexure P/6), but the same has not been adhered to. Significantly, the charge sheet dated 09.05.2022 (Annexure P/7), purportedly relied upon by the respondents, was served only after the retirement of the petitioner, and even otherwise, the imputations contained therein do not relate to any financial loss or pecuniary detriment to the Government but pertain only to alleged delay in registration of an FIR. There exists no valid order or authority authorizing the withholding of petitioner’s retiral dues, and in terms of the Payment of Gratuity Act, 1972, gratuity ought to have been paid within 30 days of retirement, failing which interest is mandatorily payable. The unjustified delay in releasing gratuity and pension is not only arbitrary and oppressive but also violative of Articles 14 and 21 of the Constitution of India. Hence this appeal. 3. Learned counsel for the petitioner submits that withholding of his retiral dues, specifically monthly pension and gratuity, by the respondents is wholly arbitrary, illegal, and violative of his fundamental and constitutional rights. These retiral benefits constitute property within 4 the meaning of Article 300-A of the Constitution of India and cannot be withheld or curtailed without the authority of law. The respondents’ action, bereft of any legal sanction or competent order, is in flagrant disregard of constitutional protections under Articles 14, 21, and 300-A. The mere pendency or initiation of departmental proceedings, particularly when no charge of financial loss to the government has been alleged, does not justify deprivation of such rights. The petitioner retired on 31.05.2022, and despite the lapse of over ten months, he continues to be unjustly denied his lawful entitlements, including monthly pension and gratuity, causing immense mental agony and financial hardship. The charge sheet, dated 09.05.2022, was served post-retirement, and in absence of any material showing otherwise, its date of service must be taken as post-retirement. Furthermore, the Pension Rules, 1976, particularly Rule 63, mandate timely assessment and disbursement of pensionary benefits, a mandate further reinforced by the State Government’s circular dated 18.01.2021 directing prompt disposal of pension cases. The respondents' failure to act in accordance with these binding provisions not only frustrates the statutory scheme but also entitles the petitioner to interest on delayed payments and compensation for the undue mental distress caused. The respondents’ continued inaction, lacking any bona fide justification or supporting authority under law, calls for the urgent and justifiable intervention of this Hon’ble Court in the interest of justice. 4. On the other hand, learned counsel for the respondent-State submits that the petitioner, while serving as Station House Officer, Police Station 5 Kotwali Kanker, was served with a charge sheet on 06.05.2022 for acts of misconduct, and a departmental enquiry was initiated under Rule 14 of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966, prior to his retirement on 31.05.2022 as Deputy Superintendent of Police. All admissible retiral dues, including Leave Encashment, General Provident Fund, Sewa Samman Nidhi, Group Insurance, Family Benefit Fund, and arrears of interim pension up to March 2023, have already been disbursed to the petitioner, and regular pension is being paid since April 2023. However, the Death-Cum- Retirement Gratuity has been withheld in accordance with Rule 64(1)(C) of the Chhattisgarh Civil Services (Pension) Rules, 1976, which permits deferment of gratuity where departmental proceedings are pending. The petitioner is being paid provisional pension as per Rule 9(4) of the 1976 Rules, which clearly provides that in the event of pendency of departmental or judicial proceedings, provisional pension and gratuity may be sanctioned, with final payment subject to the outcome of such proceedings. Hence, the action of the respondents is fully in conformity with the statutory rules, and there is no illegality warranting interference by this Court. Therefore, the writ petition filed by the petitioner is devoid of merit and is liable to be dismissed. 5. I have heard learned counsel for the parties and perused the documents available on record. 6. Considering the facts and circumstances of the case, and in particular, taking note of the order dated 02.07.2024 passed by the 6 Inspector General of Police, Baster Range, wherein the charges levelled against the petitioner have been found to be unproved and the petitioner has been discharged from all such allegations, this Court is of the considered opinion that no disciplinary impediment remains pending against the petitioner. 7. In view of the above, the respondent authorities are directed to pass appropriate orders for formal conclusion of the departmental enquiry and to ensure the release of the petitioner’s gratuity and all other admissible retiral benefits forthwith. As there is no subsisting charge against the petitioner following the order dated 02.07.2024, the respondents shall release the gratuity amount and any other consequential monetary benefits, if remaining, strictly in accordance with law within a period of 45 days from the date of this order, along with interest as permissible under the applicable rules and regulations. 8. Accordingly, this petition is disposed of with the aforesaid observation(s) and direction(s). Certified Copy as per rules. Sd/- (Amitendra Kishore Prasad) JUDGE Saxena