1 2025:CGHC:13710 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2523 of 2023 1 - Karan Singh Sengar S/o Late Shri Hanuman Singh Aged About 67 Years Retired Government Employee, R/o Sunita Niwas, Balaji Toli, Jashpur Tahsil And District Jashpur Chhattisgarh Permanent Address Village Kakara, P.O Kakara, Karhi, District Satna Madhya Pradesh Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Finance Department, Mahanadi Bhavan, Atal Nagar, New Raipur District Raipur Chhattisgarh 2 - Chhattisgarh Infrastructure Development Corporation Limited Through Its Managing Director, 2nd Floor, Chhattisgarh Raj Kaushal Vikas, Purana Police Head Office Parisar, Raipur District Raipur Chhattisgarh 3 - The Collector Jashpur District Jashpur Chhattisgarh Respondent(s) (Cause title is taken from CIS) For Petitioner(s) : Mr. Manoj Kumar Sinha, Advocate For State : Mrs. Poorva Tiwari, PL For Resp. No.2 : Mr. Saket Pandey, Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 20/03/2025 1. By the present Writ Petition, the Petitioner who is a retired Govt. employee from the post of Assistant Grade-III, is seeking a direction towards the respondents’ authorities for payment of gratuity and leave encashment for the period when he was out of service and for computation of pensionary benefit. 2. (a) Learned counsel for the petitioner submits that gratuity for the period of 6 months and leave encashment of 113 days have not been RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.03.22 16:04:30 +0530 2 released by the CIDC and the period when the petitioner was out of service has also not been taken into consideration for calculation of his pensionary benefit. Referring to the Annexure-R2/6 dated 07/09/2022 filed along with reply by the Respondent/Corporation, he would submit that the periods of termination of the petitioner mentioned in Annexure- R2/6 when he was out of service i.e. 4266 days (from 15/02/1988 to 25/10/1999) and 734 days (from 08/04/2002 to 11/04/2004) have been set-aside vide order dated 07/11/1998 passed in WPS No. 2134/1998 by the High Court of Madhya Pradesh and vide order dated 13/01/2003 passed by the Labour Court, respectively which he has annexed with his rejoinder. (b) He would next submit that Rule 25 of the Madhya Pradesh/Chhattisgarh Civil Services (Pension) Rules, 1976 (hereinafter referred to as ‘the Rules, 1976) provides that the period for which the Govt. servant is dismissed, removed or compulsorily retired from service, but subsequently reinstated, should be counted for his past service. However, ignoring the said provisions, the respondent/Corporation has excluded the period of termination of the petitioner i.e. 4226 days and 734 days while calculating the gratuity, leave encashment and pension of the petitioner. Therefore, the petitioner is entitled to get gratuity, leave encashment and pensionary benefit for the said period. 3. Learned counsel for the Corporation/respondent No.2 would submit that the period for which the petitioner was out of service has been rightly excluded because no back wages has been granted by the High Court of 3 Madhya Pradesh as well as by the Labour Court, treating the said period as working Therefore, the petitioner cannot claim the gratuity, leave encashment as well as pension for the said period when he was out of service. Learned counsel would further submit that the Rules, 1976 would not be applicable for the employee of the CIDC or MPSRTC as no pension is payable to them after retirement. He would next submit for calculation of gratuity, the Rules 1976 will not be applicable and only the provision of Payment of Gratuity Act, 1972 will be applicable for calculation of complete period of service 4. I have heard learned counsel for the parties and perused the pleadings and documents. 5. Having considered the submissions made by the learned counsel for the parties and the above provisions, this Writ Petition is disposed of with a liberty to the petitioner to make a detailed representation raising all the grievances made herein, within a period of 20 days from the date of receipt of copy of this order and in the event of filing such representation, the respondent No. 2/Corporation shall consider and decide the same, in accordance with law and on its own merits and pass a detailed and speaking order within a further period of 30 days. 6. It is made clear that this Court has not expressed any opinion on the merits of the matter. 7. With the aforesaid liberty, the Writ petition is disposed of. Sd/- (BIBHU DATTA GURU) JUDGE Rahul