Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 16539 (CHH)

UTTAM KUMAR SONI v. STATE OF CHHATTISGARH

WPS/2422/2025 · 2025-04-09

Shri Bibhu Datta Guru

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:16662 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2422 of 2025 1 - Uttam Kumar Soni S/o Late Ram Sewak Soni Aged About 64 Years R/o Maharshi School Road, Near Jain Mandir, Mangla, District Bilaspur, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Government Of Chhattisgarh, Department Of School Education Mahanadi Bhawan, Capital Complex, Mantralaya, Naya Raipur, Chhattisgarh. 2 - District Education OfÏcer District Bilaspur, Chhattisgarh. 3 - Block Education OfÏcer Block Development Bilha, District Bilaspur, Chhattisgarh. 4 - OfÏce Of New Govt. Primary School, Batalian, Sakri Road, Bilaspur SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.04.09 23:49:20 +0530 2 Through Its Principle, New Govt. Primary School, Batalian, Sakri Road, Bilaspur, Chhattisgarh. ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Rishabh Bisen, Advocate. For Respondent(s) : Shri Kanwaljeet Singh Saini, Panel Lawyer. Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 09.04.2025 1. By the present writ petition, the petitioner is the retired Head Master of the State Government has preferred this writ petition seeking following reliefs:- 10.1 This Hon’ble Court be pleased to call for the record as well as the all university Norms. 10.2 This Hon’ble Court be further pleased to issue an appropriate writ and direct respondent state to calculate the extra service of the petitioner and release the salary and other allowances also with all the service allowance and benefits of the petitioner of his extra service i.e. from 01.04.2023 to 29.04.2023, within a stipulated time period, in the interest of justice. 10.3 This Hon’ble Court be further pleased to issue an appropriate writ directing state to consider the case of petitioner and release the entire service benefits served extra by the petitioner from 01.04.2023 to 29.04.2023, in the interest of justice. 3 10.4 This Hon’ble Court be further pleased to pass such order in favour of the petitioner against the respondent as it may deem fit under the facts and circumstances. 10.5 Costs of the petition may be allowed. 2. Learned counsel for the petitioner submits that though the ofÏcial date of retirement of the petitioner was 31.03.2023, but the petitioner has been retired on 29.04.2023 because the Principal of the New Govt. Primary School, Batalian, Sakri Road, Bilaspur did not issue the certificate of retirement and asked the petitioner to continue till 29.04.2023, which can be seen from the attendance sheet filed by the petitioner at Annexure P/1 & P/3. 3. Learned counsel for the petitioner submits that though the retiral dues calculating the period of retirement till 31.03.2023 has been released to the petitioner, but the period of excess 1 month for which the petitioner has discharged his duty at the instance of the Principal has not been taken into consideration for calculation of retiral dues. 4. Learned counsel for the respondent submits that the issue regarding the same has not been raised by the petitioner before the authority, hence if the petitioner will submit a fresh representation before respondent no. 2 & 3, the same shall be consider in accordance with law and decision will be taken within a stipulated period. 5. I have heard both the parties and perused the pleading and also perused the attendance sheet annexed by the petitioner as Annexure P/1 & P/3. 4 6. It appears that though the petitioner’s ofÏcial date of retirement is 31.03.2023, but the petitioner has discharged his duties till 29.04.2023 at the instance of the respondent no. 4 and retiral dues has been calculated by taking into ofÏcial date of retirement i.e. 31.03.2023. Hence, it will be appropriate to direct the petitioner to submit a representation before the respondent no. 2 & 3 by raising his grievance and claim before the respondent no. 2 & 3. In case the petitioner will approach the respondent no. 2 & 3 they shall consider the representation of the petitioner and take a decision within a period of 1 month in accordance with law. 7. With the aforesaid direction, the writ petition is disposed of. Sd/- (Bibhu Datta Guru) Judge Shoaib