1 / 4 2025:CGHC:13142 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3660 of 2024 1 - Vijay Kumar Anant S/o Late S.R. Anant Aged About 66 Years R/o 724, Triveni Chowk, Sundar Nagar, Raipur, Tahsil And District Raipur, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through - The Secretary, Department Of Transport, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District- Raipur, Chhattisgarh. 2 - Transport Commissioner, Head Office, Indrawati Bhawan, C-Block, 3rd Floor, Atal Nagar, Naya Raipur, District- Raipur, Chhattisgarh. 3 - Regional Transport Officer, Jagdalpur, District- Bastar Chhattisgarh. 4 - Joint Director, Finance Office Of The Transport Commissioner, Atal Nagar, Nawa Raipur, District- Raipur, Chhattisgarh. 5 - Office Of The Accountant General, Zero Point, Vidhansabha Road, Raipur, District- Raipur, Chhattisgarh. 6 - Joint Director, Treasury, Account And Pension, Zero Point, Vidhansabha Road, Raipur, District- Raipur, Chhattisgarh. 2 / 4 7 - Regional Transport Officer, Ambikapur, District- Surguja, Chhattisgarh. ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Sushobhit Singh, Advocate For Respondents/ State : Mr. Suyashdhar Badgaiya, Dy. Govt. Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 19/03/2025 1. By the present writ petition, the petitioner who was retired on 31/03/2019 upon attaining the age of superannuation, seeking a direction towards the respondent authorities to release the retiral dues which is being held up vide impugned order dated 09/04/2019 (Annexure P/1) passed by the Transport Commissioner, Head Office, District Raipur, on the ground of a criminal case registered against the petitioner and he is facing prosecution under Section 13 of the Prevention of Corruption Act, 1988. 2. Learned counsel appearing for the petitioner would submit that the petitioner has been retired on 31/03/2019 upon attaining the age of superannuation however, except the anticipatory pension, no retiral dues has been released to the petitioner and the same has been held up by the respondent authorities. By referring the judgment date 04/12/2024 rendered by the Coordinate Bench of this Court in WPS No.7220/2024 (Jai Kumar Jain vs. The State of Chhattisgarh & Anr.), learned counsel for the petitioner would further submit that the petitioner is also entitled for anticipatory pension and other undisputed amount according to eligibility of 3 / 4 the petitioner as decided and directed by this Court in the said writ petition. 3. Learned counsel appearing for the respondents/ State would submit that because of the pendency of a criminal case registered against the petitioner, the retiral dues are being held up however, 100% anticipatory pension is being paid to the petitioner and as the petitioner is facing prosecution under Section 13 of the Prevention of Corruption Act, 1988, the impugned order (Annexure P/1) has rightly been passed by the respondent authorities and there is no illegality committed in passing the impugned order. 4. I have heard learned counsel for the parties and perused the documents. 5. It is not in dispute the the petitioner was retired on 31/03/2019 and vide impugned order dated 09/04/2019, the respondent authorities/ Transport Commissioner, by referring the Rule 64 of the Chhattisgarh Civil Services (Pension) Rules, 1976 (for short, “the Rules of 1976”), has withheld the retiral dues of the petitioner. 6. Perusal of the impugned order would show that the authorities while passing the impugned order observed that the retiral dues will only be released after conclusion of the judicial proceeding (criminal case) registered against the petitioner. 7. In the matter of Jai Kumar Jain (supra), the Coordinate Bench of this Court has scrutinized the Rule 64 of the Rules of 1976 and observed that the claim of the retired government servants with 4 / 4 regard to the retiral dues cannot be withheld on account of pendency of departmental or judicial proceedings. The retiral dues is the property of a government servant according to the provisions of Article 300A of the Constitution of India and in that case, the Coordinate Bench has directed the respondent authorities to release the anticipatory pension as well as other undisputed amount according to the eligibility of the petitioner. 8. In view of the submissions made by both the parties and considering the aforesaid decision rendered by the Coordinate Bench of this Court, the respondent authorities are directed to release the undisputed retiral dues of the petitioner according to his eligibility within a period of 90 days from the date of receipt of a copy of this order. 9. With the aforesaid observation and direction, this writ petition is disposed of. 10. The petitioner is at liberty to apprise the authorities with regard to the order passed by this Court. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar