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2025 DAILYLAW 38657 (CHH)

SHEIKH MOHD. SHAFI QURESHI v. STATE OF CHHATTISGARH

WPS/9859/2025 · 2025-09-21

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:48465 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 9859 of 2025 Sheikh Mohd. Shafi Qureshi S/o Late Shri Sheikh Nasiruddin Aged About 73 Years R/o Ya 06, Yash Vihar Moti Nagar Boriya Khurd, Raipur, Tahsil And District Raipur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, School Education Department, Mantralaya, Naya Raipur, Tahsil And District Raipur (C.G.) 2 - Chhattisgarh Madhyamik Shiksha Mandal, Through Its Secretary, Pension Bada, Tahsil And District Raipur (C.G.) ---- Respondents For Petitioner : Mr. K.P.S. Gandhi, Advocate For State-respondent : Ms. Poorva Tiwari, PL For Respondent No.2 : Mr. Pankaj Agrawal, Advocate Hon'ble Shri Justice Arvind Kumar Verma Order on Board 22/09/2025 1. By way of this petition, petitioner sought following relief(s) : VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.09.22 18:32:02 +0530 2 “10.1 This Hon'ble High Court may kindly be please to call entire record pursuant to the case of the Petitioner. 10.2 That, this Hon'ble High Court may kindly be please to quash the impugned order dated 28.06.2024 (Annexure P/1) and 11.02.2021 (Annexure P/2) passed by the Respondents. 10.3 That, this Hon'ble High Court may kindly be please to issue appropriate writ by commanding and directing the Respondents to determined and release pension by calculating entire service period from initial appointment from 02.01.1974 to superannuation dated 30.04.2012. 10.4 That, this Hon'ble High Court may kindly also grant interest 18 per cent per annum from 01.05.2012 till realization of the pension amount as granted by the Hon'ble Supreme Court and this Hon'ble High Court also is reported in AIR 2000 SC 3513, VL Malhotra Vs. State of UP, AIR 1999 Supreme Court 1212, Dr. Uma Agrawal Vs. State of UP and Writ Appeal No.762/2024, HP Beohar Vs. State of Chhattisgarh. 10.5 That, the Respondents be kindly directed to pay a sum of Rs.50,000/. as compensation for mental agony and great suffering due to arbitrary and illegal action of the Respondent No.2 and not settling and paying Pension from last thirteen years, after superannuation observed by the Hon'ble Apex Court as reported in 2000 (84) FLR 815, MZ Siddiqui Vs Aligarh Muslim University, AIR 1997 SC, Page 27, SR Bhanarle Vs Union of India. 10.6 That, any other relief which this Hon'ble High Court deem proper may also be granted in view of facts and circumstances of the case.” 2. Learned counsel for the petitioner contended the instant petition may be disposed of giving liberty to the Petitioner to file a fresh 3 representation before Respondent No.1 raising all grounds which he mentioned in the instant petition and after filing such representation, Respondent No.1 in turn may be directed to consider and decide the same expeditiously in accordance with relevant rules and in light of judgment passed by this Court in case of Central Board of Trustees Employees Provident Fund Organization and others Vs. State of Chhattisgarh and others (WA No.214/2023, decided on 05.05.2023) . He further submits that any outer limit may also be fixed by this Court for the aforementioned purpose. 3. Learned Counsel appearing for the State not opposes the limited prayer made by learned Counsel appearing for the Petitioner. 4. I have heard learned counsel appearing for the parties. 5. Considering the facts and circumstances of the case and submissions of Counsel appearing for the parties, the instant petition is disposed of giving liberty to the Petitioner to file a fresh representation before Respondent No.1 raising all grounds which he mentioned in the instant petition within two weeks from today and after filing such representation, Respondent No.1 in turn is directed to consider and decide the same expeditiously preferably within ‘90 days’ from the date of receipt of such representation in accordance with relevant rules and in light of judgment passed by this Court in case of Central Board of Trustees Employees Provident Fund 4 Organization and others Vs. State of Chhattisgarh and others (WA No.214/2023, decided on 05.05.2023). Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge Vasant