Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 25646 (CHH)

NARENDRA PANDEY v. STATE OF CHHATTISGARH

WPS/4926/2021 · 2025-03-10

Shri Narendra Kumar Vyas

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:CGHC:11719 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4698 of 2021 1 - Jairudra Kare S/o Late Shri Jatadhari Kare Aged About 64 Years R/o Village And Post- Telimarenga, Tahsil- Tongapal, Police Station- Parpa, District- Bastar, Chhattisgarh- 494442, District : Bastar(Jagdalpur), Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through- Secretary, Tribal And Schedule Caste Development Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 2 - Commissioner Tribal And Schedule Caste Development Department, Indiravati Bhawan, Atal Nagar, Nava Raipur, District- Raipur, Chhattisgarh 3 - Director Treasury, Account And Pension, Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 4 - Mata Rukhmani Sewa Sansthan Through- Secretary, Dimhrapal, District- Bastar, Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh ---- Respondents WPS No. 4926 of 2021 1 - Narendra Pandey S/o Late Shri Prahlad Prasad Pandey Aged About 64 Years R/o Village And Post Katitgaon, Tahsil Bakawan, Police Station Nagarnar, District Bastar, Chhattisgarh. 494221 ... Petitioner Versus 1 - State Of Chhattisgarh Through Secretary Department Of School KISHORE KUMAR DESHMUKH Digitally signed by KISHORE KUMAR DESHMUKH Date: 2025.03.25 10:52:02 +0530 Education, Mantralaya Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh. 2 - Director Public Education Directorate, Indiravati Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh. 3 - Director Treasury, Account And Pension, Raipur, Chhattisgarh. 4 - Managing Committee Rastriya Higher Secondary School, Through President, Jagdalpur, District Bastar, Chhattisgarh. 5 - Accountant General, Chhattisgarh Zero Point, Baloda Bazar Road, Post Office Vidhan Sabha, Raipur, District Raipur, Chhattisgarh. --- Respondent(s) WPS No. 5118 of 2021 1 - Sudarshan Prasad Dansena S/o Shri Ganesh Ram Dansena Aged About 62 Years R/o Behind B.R.Cold Storage, Kangoli Road, Jagdalpur, District Bastar, Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh ... Petitioner Versus 1 - State Of Chhattisgarh Through Secretary Tribal And Schedule Caste Development Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 2 - Commissioner, Tribal And Schedule Caste Development Department, Indiravati Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 3 - Director, Treasury, Account And Pension, Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 4 - Mata Rukhmani Sewa Sansthan, Through Secretary, Dimhrapal, District Bastar, Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh 5 - Accountant General, Chhattisgarh Zero Point, Baloda Bazar Road, Post Office Vidhan Sabha, Raipur, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh --- Respondent(s) WPS No. 4704 of 2021 1 - Shyam Sundar Das S/o Late Shri Madan Mohan Das, Aged About 64 Years R/o Village And Post - Bhairamganj, Police Station - City Kotwali, Jagdalpur District - Bastar Chhattisgarh - 494001, District : Bastar(Jagdalpur), Chhattisgarh ... Petitioner Versus 1 - State Of Chhattisgarh Through - Secretary Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District - Raipur Chhattisgarh, District : Raipur, Chhattisgarh 2 - Director Public Education Directorate, Indiravati Bhawan, Atal Nagar, Nava Raipur, District - Raipur Chhattisgarh, District : Raipur, Chhattisgarh 3 - Director Treasury, Account And Pension, Raipur Chhattisgarh, District : Raipur, Chhattisgarh 4 - Managing Committee, Rastriya Higher Secondary School, Through - President, Jagdalpur, District - Bastar Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh 5 - Accountant General, Chhattisgarh Zero Point, Baloda Bazar Road, Post Office - Vidhan Sabha, Raipur, District - Raipur Chhattisgarh, District : Raipur, Chhattisgarh --- Respondent(s) For Petitioner : Mr. Abhishek Singh, Advocate For State : Mr. K.L. Sahu, Dy. Govt. Advocate For Acct. General : Mr. Raj Kumar Gupta, Advocate For MRS Sansthan : Mr. Harshal Chauhan, Advocate Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 10.03.2025 1. Since, similar facts and law are involved in these writ petitions, they are heard analogously and are disposed off by this common order. 2. The petitioners who are employees of the aided educational institutions have filed this petition with prayer to direct the respondents to release pension, leave encashment and other retiral dues. 3. The State has informed to this Court that the petitioners are employees of the aided educational institutions wherein there is no provisions of grant of pension but they are entitled to get pension under the EPF Act, 1952 therefore, their petition for grant of pension by the State is not tenable. 4. This fact has not been disputed by the learned counsel for petitioners that the petitioners are governed by the Employees Provident Fund Scheme, 1952 as the petitioners were working in the Government aided educational institutions and the employer has deposited their contribution before the Commissioner Provident Fund and he would submit that now since, petitioners are entitled for grant of pension and other benefits under the Employees Pension Scheme, 1995, a direction may be issued to the Commissioner, Employees Provident Fund Organization, Raipur though they are not party to the case, to consider the case of the petitioners for grant of pension. 5. Accordingly, writ petitions are disposed of directing petitioners to submit pension form to their employers, who in turn will forward the form correct in all respects to the Employees Provident Fund Organization within a week from the date of receipt of application. Thereafter, Employees Provident Fund Organization will release pensionary benefits to the petitioners within 2 months from the date they receive the form, if it has not been released to the petitioners. It is pertinent to mention here that the Employees Provident Fund Organization is not party to his case but it is incumbent upon them to comply with this order. 6. With the aforesaid observation and direction the present writ petitions are disposed off. A copy of the order be also forwarded Employees Provident Fund Organization, Block D, Scheme No 32, Indira Gandhi Commercial Complex, Pandri, Raipur, Chhattisgarh 492004. Sd/- (Narendra Kumar Vyas) Judge Deshmukh