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2025 DAILYLAW 30739 (CHH)

KANHAIYA LAL DUBEY v. STATE OF CHHATTISGARH

WPS/6058/2019 · 2025-07-27

Shri Naresh Kumar Chandravanshi

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Judgment text

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1 2025:CGHC:36529 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6058 of 2019 1 - Kanhaiya Lal Dubey S/o Late C.P. Dubey Aged About 72 Years R/o New Chandaniya Para, Ward No. 7, P.S. And Tahsil Janjgir, District- Jangir- Champa, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Forest, Mahanadi Bhawan, Atal Nagar, New Raipur, District- Raipur, Chhattisgarh. 2 - Chief Conservator Of Forest Bilaspur, District- Bilaspur, Chhattisgarh. 3 - Conservator Of Forest Bilaspur, District- Bilaspur, Chhattisgarh. 4 - Divisional Forest Officer Katghora, District- Korba, Chhattisgarh. 5 - Office Of Accountant General Zero Point Baloda Bazar Road, P.O. Vidhan Sabha, Raipur, District- Raipur, Chhattisgarh. ... Respondents For Petitioner : Mr. Rishikesh Sharma, Advocate appears on behalf of Mr. Vikash Pandey, Advocate For Respondent/State : Mr. Amandeep Singh, PL (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 28/07/2025 AYUSHI SINGH Digitally signed by AYUSHI SINGH Date: 2025.07.29 17:15:27 +0530 2 1. Heard on admission. 2. The instant petition has been filed by the petitioner seeking following relief:- “(i) That, this Hon’ble Court may kindly be pleased to call the entire record relating to petitioner’s case. (ii) That, this Hon’ble Court may kindly be pleased to direct the respondents to release his HRA and TA Bills which is within the official correspondence. (iii) That, this Hon’ble Court may kindly be pleased to issue a suitable writ, order, direction, directing the respondents to release the outstanding dues of the petitioner. (iv) Any other relief/ reliefs which may deem fit and proper in the facts and circumstances of the case, may also be allowed.” 3. Learned counsel for the petitioner submits that between December, 2003 and January, 2005 petitioner was posted as the Forest Assistant in the Sirnina Circle and during that period he had not been provided House Rent Allowance (HRA) and Travel Allowance (TA). He further submits that, in this regard, petitioner had filed an application before the respondent Authority, but, the same was not considered. Earlier, he had filed writ petition bearing WPS No. 3859 /2016 which was disposed by this Court vide order dated 13.2.2017, directing Pension Committee to consider and pass order in accordance with law, despite that, grievance of the petitioner had not been redressed. Hence, this petition may be admitted for hearing. 4. Per contra, learned counsel appearing for State would submit that grievance of petitioner is pertaining to the year 2003-05 and the instant 3 petition was filed by petitioner on 05.7.2019. The writ petition bearing WPS No.3859/2016 was filed by petitioner for grant of retiral dues, but, not pertaining to the relief sought for in the instant petition. Hence, relief sought for by the petitioner, in the instant petition, shall be dismissed on the ground of delay and laches itself. He would further submit that petitioner has not specifically pleaded the fact that in the said period, in which particular division he was posted, hence, such vague petition cannot be entertained. 5. Considered the facts of the case and taken into consideration submission putforth by both the parties and perused the record with utmost circumspection. 6. Relief sought for by the petitioner, in the instant petition, is for non- payment of HRA and TA Bills for the year 2003-05, but, the instant petition was filed on 05.7.2019. It has also not been demonstrated by the petitioner that at that time he had moved any application/ representation along with necessary bill for payment of HRA and TA bill before the respondent Authority. 7. In that view of the matter, the present Writ Petition deserves to be and is hereby dismissed, at the motion stage itself, on the ground of delay and laches. There shall be no order as to cost(s). SD/- (Naresh Kumar Chandravanshi) JUDGE Ayushi