1 2025:CGHC:46024 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 183 of 2023 1 - Maniram Yadav S/o Jivrakhan Yadav Aged About 62 Years Retired - Head Master Primary School, R/o Village And Post-Lamer Ganiyari, Tahsil - Takhatpur, District Bilaspur Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Chief Secretary, Secretariat, Mahanadi Bhawan, New Raipur, Chhattisgarh. 2 - The Principal Secretary, Department Of School Education Govt. Of Chhattisgarh, Secretariat, Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh. 3 - The District Education Officer, District Bilaspur Chhattisgarh 4 - Block Education Officer (Scholl Education Department) Takhatpur, District Bilaspur Chhattisgarh. 5 - Divisional Joint Director Fund Accounts And Pension Bilaspur Division, District - Bilaspur Chhattisgarh. RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 6 - Accountant General (A And E), Chhattisgarh Zero Point Baloda Bazar Road, P.O. Vidhan Sabha, District - Raipur Chhattisgarh. ... Respondent(s) For Petitioner(s) : Ms. Deblina Maity, Advocate. For Respondent(s)/State : Mr. Ajay Kumar Pandey, G.A. For Respondent No. 6 : Mr. Ashwani Shukla, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 09/09/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 That, the Hon'ble Court may kindly be pleased to call the entire records relating to the case of the petitioner. 10.2 That, it is therefore prayed that this Hon'ble Court may kindly be pleased to direct the respondent no.3 to recalculate the deficit calculation of amount of gratuity, pension and pay back the petitioner the sum of Rs. 1,51,887/- which has been deducted without any notice at the time of retirement, in the interest of justice. 10.3 Any other relief which Hon'ble court deems fit and proper in the facts and circumstance of the case.” 2. Brief facts of the case, is that, the petitioner was appointed on 03.01.1987 and, after completing 35 years and 23 days of service, he was superannuated on 31.03.2022 from the post of 3 Head Master, Primary School, Goband, Block Takhatpur, District Bilaspur (C.G.). At the time of retirement, his last drawn salary was Rs. 68,600/- (basic) and Rs.11,662/- as dearness allowance (17% of basic), totaling Rs. 80,282/-, which was the correct basis for calculating his gratuity. As per the standard formula (Last drawn salary × years of service × 15) ÷ 26 the gratuity should have been calculated as Rs. 80,282/- × 35 × 15 ÷ 26 = Rs. 16,20,675. However, Respondent No. 4 incorrectly calculated the gratuity based on a reduced salary of Rs. 66,600/- (basic) and Rs.11,322/- (DA), totaling Rs. 77,922/-, which resulted in a lower gratuity amount of Rs. 15,73,425/-, leading to a shortfall of Rs. 47,250/-. Additionally, the same incorrect basic salary of Rs.66,600/- was used to compute the petitioner’s pension, resulting in a monthly pension of Rs. 33,300/- (half of Rs. 66,600/-) instead of the correct Rs. 34,300/- (half of Rs.68,600/-). Moreover, a sum of Rs. 1,51,887/- has been deducted from the petitioner’s retiral dues without serving any notice or clarification regarding the head under which the said amount has been deducted. Hence, this petition has been filed. 3. Learned counsel for the petitioner submits that the concerned respondent has committed a grave error in calculating the retiral dues by relying on an incorrect figure of the petitioner's last drawn salary, resulting in a wrongful computation of gratuity and 4 pension, thereby causing serious financial prejudice to the petitioner. It is further submitted that a sum of Rs. 1,51,887/- has been arbitrarily deducted from the retiral benefits without issuing any prior notice or explanation, which is in clear violation of the Principles of Natural Justice. The petitioner, having rendered an unblemished service of 35 years with utmost sincerity and dedication, is now being subjected to an unjust and legally unsustainable action on the part of respondent no. 3, warranting appropriate relief from this Hon’ble Court. 4. On the other hand, learned counsel for the respondents opposes the same. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, and further taking into account the averments made in the present writ petition, it is directed that the Block Education Officer, Takhatpur, District Bilaspur, Chhattisgarh, shall consider the claim of the petitioner as raised in this petition, calculate the amount, if any, that may be found due to the petitioner, and after affording him a reasonable opportunity of hearing, pass a reasoned and speaking order in accordance with law. If any amount is found payable to the petitioner, the same shall be disbursed to him without delay. The entire exercise, including the grant of hearing, 5 consideration of the claim, and communication of the final decision, shall be completed within a period of sixty (60) days from the date of receipt of a certified copy of this order. 7. With this observation and direction, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat