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2025:CGHC:18067
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2663 of 2025 1 - C.M. Mukherjee S/o Late P.N. Mukherjee Aged About 86 Years Occupation- Retired Professor (English), R/o D-242, M.R. Colony, Tagore Nagar, Raipur (C.G.)
... Petitioner versus 1 - State Of Chhattisgarh Through- Secretary, Department Of Higher Education, Mahanadi Bhawan, Atal Nagar, New Raipur (C.G.) 2 – Commissioner, Department Of Higher Education Non-Government Collegiate Wing, Indravati Bhawan, Atal Nagar, New Raipur (C.G.) 3 - Durg Education Society (A Society Registered Under C.G. Societies Registration Act 1973) Regd No. 1950-51 Ka 55, Through- Its President, Durg Mahavidhyalaya Campus, Raipur (C.G.) 4 - President Durga Education Society Durga Mahavidhyalaya Campus, Raipur (C.G.) 5 - Principal Durga Mahavidhyalaya Campus, Raipur (C.G.) ... Respondents (Cause title is taken from Case Information System) SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.04.23 10:52:38 +0530
2 / 3 For Petitioner : Mr. Sunil Kumar Soni, Advocate For Respondents/ State : Mr. Soumitra Kesharwani, Panel Lawyer (HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board 22/04/2025
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Learned counsel for the petitioner submits that the petitioner has been retired from his services from the post of Professor.
2. As of now, the petitioner is entitled to get benefit of pension and gratuity at the revised pay scale granted by the State Government as per 5th pay commission recommendation. He further submits that this matter is squarely covered with the judgment passed by this Court in WP No.407/2005 (Bal Chand Kachhwaha and Others vs. State of Chhattisgarh and Others) on 05.03.2019 and other connected matters which is also affirmed by the Division Bench of this Court in WA No.111/2022 (State of Chhattisgarh and Others Vs. Dr. C.K. Tiwari and Anr.) vide
order dated 25.08.2023. He further submits that on the basis of above mentioned judgments of this Court, the petitioner is also entitled to get benefit of pension and gratuity at the revised pay scale granted by the State Government as per revised 5th pay commission recommendation. It is further submitted that petitioner has already made a representation which is pending. Therefore, it is prayed that respondent No.2 & 3 may be directed to consider and decide the representation of the petitioner within any stipulated period in the light of above mentioned judgments passed by this Court.
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3. The above prayer made by the Counsel for the petitioner is not opposed by Counsel for respondents/State and the State counsel submits that the case of the petitioner is squarely covered with the above mentioned judgments.
4. In view of the above submissions made by the counsel for the parties, at this stage, the present writ petition stands disposed of with a direction to the petitioner to submit a fresh representation before the respondent authorities within a period of 30 days. In the event of filing of such representation, the concerned authorities/ respondent No.2 is directed to consider and decide the representation to be submitted by the petitioner within a further period of '60 days' in accordance with the law and taking into consideration the above mentioned judgments passed by this Court.
5. With the aforesaid direction, the Writ Petition stands disposed of. Sd/- (BIBHU DATTA GURU)
JUDGE $. Bhilwar