1 2025:CGHC:12877 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5794 of 2022 1 - Pramod Kumar Mishra S/o Late Shri Yadunandan Prasad Mishra Aged About 64 Years Occupation Retired Government Servant, R/o Hig-I, B-33, Abhilasha Parisar, Tifra Bilaspur (C.G.) ... Petitioner(s) versus 1 - State of Chhattisgarh Through Secretary, Urban Administration Department, Secretariat, Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur (C.G.) 2 – Director, Urban Administration Department Department, Indrawati Bhawan, Atal Nagar, New Raipur, District Raipur (C.G.) 3 - Chief Municipal Officer Pathalgaon, District Jashpur (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Amiyakant Tiwari, Advocate. For Respondent/State : Mr. Suyashdhar Badgaiyan, Dy. G.A. For Respondent No.3. : None. Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 18/03/2025 1. By the present writ petition, the petitioner is seeking a limited relief towards the respondent for payment of interest on the AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.03.19 17:33:25 +0530 2 retiral dues and arrears of salary which was released to the petitioner only after order of this Court in WPS No.3157/2016. 2. Learned counsel for the petitioner would submit that the petitioner retired as C.M.O. Bilaigarh, District:Balodabazar- Bhatapara and the pension of the petitioner which was withheld for a period of 28 months without any justified reasons. The said retiral dues and arrears of salary released to the petitioner only after direction of this Court in WPS No.3157/2016 on 20/04/2022. Learned counsel for the petitioner submits that though the petitioner retired on 31/12/2019, the amount of retiral dues and arrears of salary released on 05/05/2022. He further submits that the delay caused in releasing the amount of retiral dues and arrears of salary is only for the negligence of the respondents and there is no fault of the petitioner in any manner for the said delay of payment of retiral dues and arrears of salary, hence, the petitioner is entitled for interest on the retiral dues from the date of his retirement. In support of his contention, he relied upon the judgment of this Court in WA No.762/2024 (Hari prakash Beohar Vs. State of C.G. & Anr) passed on 19/11/2024. 3. Learned counsel for the State, on the other hand, by referring the paragraph 7 of its reply submits that prior to conclusion of the departmental inquiry as the petitioner got retired on 31/12/2019 and without conclusion of departmental inquiry and for want of any order regarding the same, it was not possible to 3 release the entire retiral dues of the petitioner but as & when the departmental inquiry was concluded vide order dated 26/08/2020 [Annex. R-4], the proceedings were initiated for releasing the retiral dues of the petitioner but unfortunately as the year 2020-2021 was the period of lockdown owing to outbreak of COVID pandemic situation and the government offices were also closed and government machineries were involved in the different arrangements during the pandemic, therefore, some delay caused in payment of retiral dues to the petitioner. Thus, for the delay caused for payment of retiral dues to the petitioner, the answering respondents [State] cannot be attributed and hence looking to the prevailing circumstances as aforesaid, the petitioner cannot call for payment of interest on delayed payment of retiral dues to him. 4. I have heard learned counsel for the parties, perused the pleadings and documents. 5. It is not in dispute that the petitioner retired from service on 31/12/2019 and the amount of retiral dues and arrears of salary has been released to the petitioner on 05/05/2022 only after intervention of this Court in WPS No.3157/2016. It appears from the pleadings that the stand taken by the respondent that because of pendency of departmental enquiry (which was concluded on 26/08/2020), the amount could not be released, is not appropriate. The said departmental enquirty was concluded on 26/08/2020 and even after 26/08/2020, amount 4 of retiral dues and arrears of salary was not released and ultimately the amount of retiral dues and arrears of salary released on 05/05/2022, hence, it appears that the respondents have not explained any sufficient and cogent reason for the delay caused in releasing the amount after the conclusion of the departmental enquiry on 26/08/2020, hence, in view of judgment passed by this Court in WA No.762/2024(Hari Prakash Beohar Vs. State of C.G. and Anr) and looking to the fact narrated by the State, it is directed that the petitioner is entitled to Simple Interest @ 18% p.a. on the part of the retiral dues which was withheld without any rhyme or reason from the date 26/08/2020 till releasing the same on 05/05/2022. The said interest be calculated on the amount of retiral dues for the period of delay date 26/08/2020 till the actual date of realization within a period of 50 days from today and the same be released to the petitioner. 6. Accordingly, the present writ petition is allowed to the above extent. SD/- (Bibhu Datta Guru) Judge Amardeep