1 / 3 2025:CGHC:38156 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6401 of 2021 Dr. Ramadhar Prasad Pandey S/o Late Shri Kalika Prasad Pandey Aged About 65 Years Occupation Assistant Professor (Ex- In Charge Principal) D. P. Vipra College Old High Court Road Bilaspur Chhattisgarh ... Petitioner versus 1 -State Of Chhattisgarh Through Secretary, Higher Education Department, Mahanadi Bhawan, New Mantralaya, Atal Nagar District Raipur Chhattisgarh 2 - Commissioner Higher Education Department, Indrawati Bhawan, Mantralaya, Atal Nagar District Raipur Chhattisgarh 3 - The Principal D. P. Vipra College, Old High Court Road Bilaspur Chhattisgarh 4 -The Chairman Governing Body Snatak Mahavidyalay Sikshan Samiti, Through Secretary, D. P. Vipra College, Old High Court Road Bilaspur Chhattisgarh ... Respondents For Petitioner : Mr. Palash Tiwari, Advocate For Respondent no. 1 &2 : Mr. Ajit Singh, Government Advocate appears along with Mr. T.S. Sahu, Advocate For Respondent no. 3 & 4 : Ms. Anuja Sharma, Advocate Hon'ble Shri Justice Parth Prateem Sahu ORDER ON BOARD 01/08/2025 1. Petitioner has filed this writ petition seeking following reliefs. “10.1 That, this Hon’ble Court may kindly be pleased to call for the entire records pertaining to the case of petitioner. 10.2 That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to provide all the post retiral dues like final pension, Gratuity, CPF, Group Insurance ALFIZA BAIG Digitally signed by ALFIZA BAIG 2 / 3 Scheme, Leave encashment and emoluments payable to the retired employee along with all consequential benefits with interest @12% p.a. 10.3 That, this Hon’ble Court may kindly be pleased to direct the respondent no. 3 & 4 to pay the salary of suspension period w.e.f 14.08.2020 to 30.06.2021 in favor of the petitioner, adjusting the subsistence allowance thereto. 10.4 That, this Hon’ble Court may kindly be pleased to direct the respondent no. 3 & 4 to decide the representations for disbursement of final position and other emoluments payable to the petitioner. 10.5 That, this Hon’ble Court may kindly be pleased to direct the respondent no. 3 & 4 to pay the benefit of annual increment payable from July 2020 in favor of the petitioner. 10.6 That, this Hon’ble Court may kindly be pleased to grant any other relief, as it may deem fit. 10.7 Cost of the petition may also be given.” 2. Learned counsel for petitioner submits that the petitioner was working on the post of Assistant Professor respondent no. 3-College and he stood retired on 30.06.2021 after attaining the age of superannuation. As per Rule 57-58 of the Chhattisgarh Civil Service Pension Rules, 1976, the respondents are duty bound to prepare and sanction pension of retired employee, however, in spite of passing of more than four years, the respondents have not released the pension and other retiral dues to the petitioner without any justified reason. He submits that when retiral dues are not released to petitioner, he submitted various representation before respondent no. 3 and 4, lastly on 9.07.2021, but of no avail. 3. On the other hand, learned counsel for respondent no. 3 and 4 opposing submission of learned counsel for petitioner, would submit that the petitioner has been charge sheeted regarding certain irregularities committed by him while being posted as In-charge Principal and an Enquiry Officer was also appointed to conduct departmental inquiry. Petitioner filed writ petition before this Court challenging initiation of departmental enquiry against him, in which an order was passed on 3 / 3 12.10.2020 to the effect that departmental proceeding may go on, but final order shall not be passed. Subsequently, petitioner withdrew the said petition on 21.10.2024, however, the departmental enquiry is still under consideration. She further submits that the relief as claimed by the petitioner of payment of remaining retiral dues, as mentioned in the relief clause, will be considered only after out-come of departmental enquiry which is initiated and continuing against the petitioner. She lastly submits that enquiry proceedings will be concluded within a period of six weeks. 4. I have heard learned counsel for the parties. 5. Undisputedly, petitioner was an employee of respondent no. 3 and 4. He also discharged the duty as In-charge Principal of respondent-College. Finding some irregularities in his work, charge-sheet was issued and, thereafter, Enquiry Officer was also appointed to enquire into the charges. It is also undisputed that appointment of the Enquiry Officer was challenged by the petitioner by filing writ petition bearing WPS No. 4031/2020. It is the petitioner who withdrew said writ petition without taking it to its logical end and by way of obtaining final order in writ petition in the year 2024. In the afore-mentioned facts of the case, considering the submission made by the counsel for the respondent no. 3 and 4 at bar that they will conclude the pending enquiry against the petitioner within six weeks. At this stage, I am not entering into the merits of reliefs sought by the petitioner and writ petition is disposed of in view of the submission made by counsel for respondent no. 3 and 4 directing them to conclude the enquiry proceedings against petitioner within six weeks. Certified copy as per rules. sd/- (Parth Prateem Sahu) Judge alfiza