1 / 3 2025:CGHC:16853 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2439 of 2025 1 - Pradeep Kumar Dewangan S/o Late Satyanarayan Dewangan Aged About 65 Years (Retired From The Post Of Sub Engineer, Rural Engineering Department, Division - Kanker) R/o Village - Vivekanand Colony Gali No. 4 Dhamtari, Distt - Dhamtari Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through - The Secretary Department Of Panchayat And Rural Development Nava Raipur, Distt - Raipur Chhattisgarh 2 - The Superintendent Engineer, Rural Engineering Services, Circle - Jagdalpur, Distt - Bastar Chhattisgarh 3 - The Executive Engineer, Rural Engineering Services, Division - Kanker, Distt - Kanker Chhattisgarh 4 - The Chief Executive Officer, Zila Panchayat - Kanker, Distt - Kanker Chhattisgarh ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. A. N. Pandey, Advocate appeared through VC For Respondents/ State : Mr. Rishabh Bisen, Panel Lawyer (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.04.12 14:15:36 +0530 2 / 3 11/04/2025 1. By the present writ petition, the petitioner, who is retired from the post of Sub-Engineer, Rural Engineering Department, Division Kanker, is seeking a direction towards the respondent authorities to finalize the retiral dues of the petitioner and to release the same as the petitioner has already been retired from service on 31/03/2023. 2. Learned counsel appearing for the petitioner by referring the order dated 27/12/2024 (Annexure P/2), whereby the State Government has decided to count the period when the petitioner was out of service because of a criminal case registered against him as the duty period for all the purpose as per Rule 54B of the Fundamental Rules, would submit that till date in spite of the said order, the retiral dues of the petitioner including the pension is not being finalized by the respondent authorities. He further submits that the petitioner has submitted representation dated 12/07/2024 (Annexure P/3) to the respondent No.3/ Executive Engineer, Rural Engineering Services, Division Kanker, District Kanker which is pending till date. Thereafter, the petitioner further submitting representation continuously to the respondent authorities reiterating his claim regarding the retiral dues but the same are not decided till date. The petitioner is being deprived of his retiral dues in spite of his retirement in the year 2023. 3. Learned counsel appearing for the State would submit that if the representations submitted by the petitioner are still pending before the respondent authorities, the same shall be considered in 3 / 3 accordance with law, within a period of 30 days and if the petitioner is entitled for the retiral dues, the same shall be released to him within a period of 50 days from the date of receipt of a copy of this Order. 4. I have heard learned counsel for the parties and perused the documents. 5. From perusal of the order dated 27/12/2024 (Annexure P/2) passed by the State Government, it appears that the State has decided to count the period of dismissal as work period under Rule 54B of the Fundamental Rules. 6. In view of the above submission made by learned counsel for the State and considering the order dated 27/12/2024 passed by the State Government, the respondent No.3/ Executive Engineer, Rural Engineering Services, Division Kanker, District Kanker is directed to consider and decide the representation dated 12/07/2024 (Annexure P/3) in accordance with law, within a period of 30 days from the date of receipt of a copy of this order and if the petitioner is entitled for the retiral dues, the same be released within a further period of 50 days. 7. The petitioner is at liberty to apprise the respondent authorities with regard to the order passed by this Court. 8. With the aforesaid direction, the Writ Petition stands disposed of. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar