1 2025:CGHC:13271 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2298 of 2024 1 - Anadi Dev Dani S/o Shri R. L. Dani Aged About 62 Years R/o Qtr. 3-B, Street 37, Sector 8, Bhilai, District : Durg, Chhattisgarh Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretray, Department Of Panchayat And Rural Development, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Chhattisgarh 2 - Engineer-In-Chief Rural Engineering Service (A Wing Of Department Of Panchayat And Rural Development), Vikas Bhawan, Sector-19, Nawa Raipur, Chhattisgarh 3 - Superintendent Engineer Chhattisgarh Rural Road Development Agency, Head Office, Vikas Bhawan Respondent(s) (Cause title is taken from CIS) For Petitioner(s) : Mr. N. Naha Roy, Advocate For Respondent(s) : Mr. Vivek Sharma, Addl. Advocate General (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 20/03/2025 1. By the present Writ Petition, the Petitioner is seeking a direction towards the respondents’ authorities to release the retiral dues of the petitioner RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.03.21 17:37:21 +0530 2 including monthly pension and gratuity from the date of retirement and ensure the payment of the monthly pension on a regular basis. 2. Learned counsel for the petitioner submits that the petitioner while serving his duty on the post of Executive engineer has retired from service on 30/11/2023 on attaining the age of superannuation, however, inspite of that, the respondents’ authorities are not releasing the monthly pension and gratuity of the petitioner, which is in violation of the principles of natural justice. He further submits that denial of retiral dues, particularly, monthly pension and gratuity is in violation of fundamental rights guaranteed under Articles 14, 16 & 19 as well as 300- A of the Constitution of India. He would next submit that only because a show cause notice was issued to the petitioner on 16/01/2023, the retiral dues i.e. gratuity and pension cannot be withheld. Reliance has been placed on the judgment passed by this Court in the matter of Angad Prasad Vishwakrma v. State of Chhattisgarh & Others1 3. Per contra, learned counsel appearing on behalf of the State would submit that 80% of the pension amount of the petitioner has already been released. Since, after an internal assessment of accounts from 11/08/2021 to 13/08/2021, a show cause notice was issued to the petitioner on 16/01/2023 stating therein as to why he should not be subjected to appropriate disciplinary proceeding, as such, the retiral dues of the petitioner have been withheld. 4. I have heard learned counsel for the parties and perused the documents annexed with the writ petition. 1 WPS no. 463 of 2017 (decided on 15/02/2018) 3 5. On perusal of the pleadings, it is quite vivid that only on the basis of a show cause notice dated 16/01/2023, the gratuity as well as pension has been put on hold by the respondents’ authorities, despite the fact that the gratuity is not a bounty. However, neither there is any Departmental Enquiry contemplated nor there has been any punishment imposed upon the petitioner. 6. It is a settled law that payment of retiral dues on the date of retirement is a rule, non-payment on circumstances. due date is an exception under unforeseen Under the Chhattisgarh Civil Services (Pension) Rules, 1976, a complete 1976, a complete mechanism has provided by the competent legislature to process the case of retirement of a particular of Chhattisgarh servant much prior to the date of his retirement and to extend the benefit on the date of retirement. 7. The Supreme Court has reiterated the same principle in ‘n’ number of cases holding that it is expected that all the payments of retiral benefits should be paid on the date of retirement or soon thereafter if for some unforeseen circumstances the payment could not be made on the date of retirement". (See Vijay L. Mehrotra v. State o U.P. and others2.) This Court has followed the aforesaid decision of the Supreme Court in the matter of Shyam Dev v. State of Chhattisgarh and Others3. 8. It is unfortunate that despite the clear cut legislative provision to extend the privilege of pension on the date of retirement and the law declared by the Supreme Court, as stated above, clearly mandating payment of retiral 2 (2001) 9 SCC 687 3 ILR 2017 Chhattisgarh 1779 4 dues on the date of retirement or soon thereafter in exceptional cases followed by this Court directing the State Government to comply the rules enacted competently, the executive has chosen not to comply either the legislative command or the judicial command and chosen to flout the command issued by the competent legislature and the judiciary as well which is really unfortunate and cannot be countenanced by this Court.” 9. Applying the well settled principles of law to the facts of the present case and in light of the above discussion, the respondents are directed to release gratuity amount as well as pension amount to the petitioner, as payable to him in accordance with law within a period of 2 months from the date of receipt of copy of this order. 10. With the aforesaid directions, the writ petition is allowed to the above extent. Sd/- (BIBHU DATTA GURU) JUDGE Rahul