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2025:CGHC:15790
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 255 of 2025 1 Mohit Kumar Mishra S/o Shri Ramanuj Mishra Aged About 62 Years R/o 95, Kumhi, Gariyaband, Civil And Revenue District Gariyaband (Chhattisgarh)
... Petitioner(s) versus 1 State Of Chhattisgarh Through The Secretary, Department Of School Education Department, Mahanadi Bhavan, New Raipur, Atal Nagar, District Raipur (Chhattisgarh) 2 The Joint Director Department Of School Education Department, District Raipur (Chhattisgarh) 3 The Block Education Officer Fingeshwar, District Gariyaband Chhattisgarh 4 District Education Officer, Gariyaband Civil And Revenue District Gariyaband, Chhattisgarh 5 Divisional Joint Director Treasury, Accounts And Pension, First Floor Block A, Indravati Bhawan, Naya Raipur, District Raipur, Chhattisgarh
... Respondent(s) For Petitioner : Shri Harshal Chouhan, Advocate For Respondents/ State : Shri Ajit Singh, G.A. JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.04.04 12:37:10 +0530
2 / 3 (HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board 03/04/2025
1. By the present writ petition, the petitioner, who retired on 31.08.2024 from the post of Head master is seeking direction towards the respondent/ authorities to correct the name of the petitioner in the official record as “Mohit Kumar Mishra” instead of
“Mohit Kumar Sharma” and take necessary steps for payment of monthly pension and other retiral dues which are withheld by the respondents only because of the said incorrect entry of the name of the petitioner in the service book.
2.
Learned counsel for the petitioner submits that in the service book of the petitioner the name of the petitioner has been mentioned as
“Mohit Kumar Sharma” whereas in all other documents and records relating to the education qualification etc the name of the petitioner has been recorded as “Mohit Kumar Mishra”. He further submits that the petitioner has retired from service on 31.08.2024 and the petitioner has requested the authorities to make necessary correction to release the retiral dues of the petitioner. Regarding change of name of the petitioner has also published in the Gazzate notification dated 08.11.2024 by giving details of his parents and permanent residential address. He further submits that it is not in dispute that the petitioner himself has discharged his tenure as Assistant Teacher and subsequent promotional post of Head Master till his retirement.
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3. Learned State counsel submits that because of wrong entry of surname of the petitioner in the service book, the retiral dues have been withheld. He further submits that the petitioner has submitted representation before the Block Education Officer, however if he submits that representation before the Director, Public Instructions the same will be considered and by making necessary correction the retiral dues will be released within a period of 30 days.
4. I have heard learned counsel for the parties and perused the pleadings and the documents annexed.
5. Looking to the contention made by the learned State counsel, the writ petition is disposed off with a direction to the petitioner to submit a representation before the Director, Public Instruction within 15 days by annexing all the relevant documents. If the representation is filed within 15 days, the Director, Public Instruction is directed to decide the same by making correction in service records and take appropriate steps for payment of retiral dues to the petitioner in accordance with law within a period of 40 days from the date of receipt of a copy of this order. Since the Director, Public Instruction is not party in this petition, learned counsel for the State is directed to apprise about this order to the said authority.
6. With the aforesaid observation, the writ petition is disposed off. Sd/- (BIBHU DATTA GURU)
JUDGE Jyoti