Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:1396
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 130 of 2025 1 - S.S. Yadav S/o Late Shri Dayaram Yadav Aged About 62 Years 5 Months, Occupation- Retired Senior Agriculture Development Officer, Officer Of S D O (Agriculture), Janjgir, Distt.- Janjgir-Champa, R/o Village- Rikotar, Thana And Tahsil- Bhatgaon, District- Sarangarh- Bilaigarh.
... Petitioner versus 1 - The State Of Chhattisgarh Through The Secretary Department Of Agriculture Capital Complex Mahanadi Bhawan New Raipur, Distt.- Raipur,
C.G. 2 - The Director Department Of Agriculture Directorate Raipur, Distt. - Raipur,
C.G. 3 - Deputy Director Agriculture Bilaspur, Distt.- Bilaspur, C.G. 4 - Sub Divisional Officer Agriculture Janjgir, Dist.- Janjgir-Champa, C.G. 5 - Director Accounts Directorate Of Treasury Accounts And Pension, First Floor, Block-A, Indrawati Bhawan, Nawa Raipur, Atal Nagar, District- Raipur, C.G.
... Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Mr. Sunil Sahu, Advocate Digitally signed by RAVI SHANKAR MANDAVI
2 For State/Respondent(s) : Ms. Akanksha Verma, Panel Lawyer Hon'ble Shri Justice
Amitendra Kishore Prasad
Order on Board 09/01/2025 Heard.
1. By this petition, this petitioner has sought following reliefs :
“10.1 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ by commanding and directing the respondent's authority to release the monthly pension and amount of gratuity forthwith. 10.2 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ by commanding and directing the respondents to consider and decide the representation of the petitioner which relates to released of the pension and Superannuation benefits in light of the order passed by this Court in similar matters. 10.3 Any other relief as this Hon'ble Court may deems fit looking to the facts and circumstances of the case may also be awarded.”
2.
Learned counsel for the petitioner submitted that the petitioner was appointed in the respondent department in the year 1983 and served about 41 years with the department working in the post of Senior Agriculture Development Office Officer, of SDO (Agriculture) Janjgir, Distt. Janjgir-Champa, vide letter dated 31.07.2024 SDO Agriculture issued the order in which the date of his retirement is mentioned as 31.07.2024. The department has
3 released the amount of GPF, leave encashment, GIS after his retirement and deposited the amount in his account after obtaining the NOC from all concern departments. But they have not granted pension as per the Pension Rules, the petitioner is entitled for his monthly pension just next month from retirement and if for any reason the pension case did not finalized then the authority is bound to release the Anticipatory Pension as per the Pension Rules as such, in the case of the petitioner nothing has been held against the petitioner therefore, the petitioner personally contacted the concerned authorities and requested for release the pension and amount of gratuity but his all efforts are in vague. Thereafter, the petitioner filed the application under RTI and requested to provide the information as to why the Pension and Gratuity of the petitioner has been withheld but the department/information Officer has not given any information therefore the petitioner filed the representation before the concerned authorities on 01.11.2024 and again filed the reminder letter to the Joint Director (Agriculture), Bilaspur Division vide the letter dated 30.11.2024 but till date no action has been taken, even the respondents also not passed any order for delay/denying the pension. 3. On the other hand, learned counsel for the respondents has fairly submitted that the process of granting petitioners’ dues are on the way and they are doing all efforts for granting him service benefits including pension and she has submitted a document dated
4 06.12.2024 according to which the amount of leave encashment, GIS final payment, FBF final payment, GPF final payment have already been directed to be paid to the petitioner and so far as the GPF is concerned, the same has also been paid on 09.12.2024, thereby only the benefit of pension could not be given for which she has fairly submitted that the issue regarding granting pension will be finalized within a period of two months. 4.
4. At this stage, learned counsel for the petitioner submitted that since the every process of payment of service benefits have already been started and the respondent authorities are willing to grant the same with an earliest possible way, to which the petitioner has no objection. 5. In view of the assurance and submissions made by the learned State counsel for granting all service benefits and other dues, which has not been granted to the petitioner, in expeditious manner, at this stage the petition is disposed of. It is directed to the respondent authorities that they will comply the statement made before this Court in its letter and spirit. 6. With the aforesaid observations and directions, this petition stands
disposed of.
Sd/-
(Amitendra Kishore Prasad) Judge
Ravi Mandavi