Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:52848
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6569 of 2022 1 - Smt. Meena Banjare W/o Shri Budharu Ram Banjare Aged About 65 Years Occupation- Retd. Assistant Professor, R/o T-56 Sector-1 Extension Near Ganpati Provision Store Basant Corner, Avanti Vihar Colony Raipur, Police Station Telibandha, District : Raipur, Chhattisgarh
... Petitioner versus 1 - State of Chhattisgarh Through The Secretary Higher Education Department Mantralaya Mahanadi Bhawan, Capital Complex, Atal Nagar
Naya
Raipur,
District
:
Raipur,
Chhattisgarh 2 - Commissioner Higher Education Directorate Indirawati Bhawan, Naya Raipur Atal Nagar, District : Raipur, Chhattisgarh 3 - Regional Deputy Director Higher Education Raipur Division, Govt. Science College Parisar Raipur, District : Raipur, Chhattisgarh 4 - Principal Badri Prasad Lodhi Post Graduate Govt. College Arang, District
:
Raipur,
Chhattisgarh 5 - Accountant General (Account And Pension) Zero Point Balodabazar Road Post- Vidhansabha Raipur, District : Raipur, Chhattisgarh
... Respondents Digitally signed by GOPAL SINGH Date: 2025.10.31 17:14:52 +0530
2 For Petitioner : Shri Sunil Sahu, Advocate For Respondents No.1 to 4 : Shri Shubham Bajpai, Panel Lawyer For Respondent No.5 : Shri Raj Kumar Gupta, Advocate Hon’ble Shri Justice Sachin Singh Rajput
Order on Board 29/10/2025
1. By this petition, the petitioner has challenged the arbitrary action on the part of the respondents in not making her payment of retiral dues. They have also not started her pension till date though she retired from the post of Assistant Professor (Sociology) after completing 65 years of age on 31.07.2022 and more than 02 months have lapsed, but, the amount of GPF, Gratuity, Leave Encashment, Group Insurance as well as pension have not been paid to her though as per the pension rules the department is required to release all the payable amount on the date of retirement itself. She retired from the service on 31.07.2022 and no inquiry or proceedings is pending against her.
2. By this petition, the petitioner has sought following reliefs:
“10.1 That this Hon'ble Court may kindly be pleased to issue an appropriate writ commanding and directing the respondents to release the amount of Gratuity, GPF, Insurance and leave encashment forthwith, with appropriate rate of interest. 10.2 That this Hon'ble Court may kindly be pleased to issue an appropriate writ by commanding and directing
3 the respondents to release the pension of petitioner from the months of August 2022 and to pay the same continue as per Pension Rules. 10.3 That this Hon'ble Court may kindly be pleased to direct the respondent No. 5 to re-calculate the Amount of General Provident Fund by collecting the details of 20 months as per deduction (GUMSHUDA KATOTRE) and pay the interest at appropriate rate. 10.4 That this Hon'ble Court may kindly be pleased to issue an appropriate writ commanding and directing the respondents to consider and decide the petitioner case in light of the Circulars as well as decision of this Hon’ble court. 10.5 Any other relief, which this Hon'ble Court may deem Et and proper, may also be passed in favour of the petitioner together with cost of the petition.”
3.
Learned counsel for the petitioner submits that the petitioner has been paid her retiral dues as per the particulars given below: S.No. Head Date of Payment Amount (Rs.) Remark 1 Earned Leave 31.10.2022 2,69,424 Credited after 3 months of the date of retirement 2 Gratuity Anticipatory (90%) 7.11.2022 18,00,000 After
3 months 3 G.I.S. 9.1.2023 2,64,526 After
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4 (General Insurance Scheme) released months 4 Gratuity (10%) 28.12.2023 2,00,000 Credited after 16 months of the date of retirement 5 GPF (General Provident Fund) 31.1.2024 16,16,192 Credited after 17 months of the date of retirement
4.
Learned counsel for the petitioner further submits that since the above retiral dues have been released belatedly, interest @ 10% per annum may also be ordered to be paid to the petitioner by the department on the aforesaid amounts.
5.
Learned counsel for respondents No.1 to 4 and respondent No.5 oppose the submission made on behalf of the petitioner.
6. I have heard the submission made on behalf of the parties and perused the material available with due care.
7. Considering the facts and circumstances of the case and the submission made by learned counsel for the parties, this Court is of the considered opinion that granting 6% interest for belated payment of the retiral dues would meet the ends of justice.
8. Hence, the respondent/State is directed to make payment of simple interest @ 6% per annum on the aforesaid amounts of retiral dues belatedly released in favour of the petitioner from
5 the date of her retirement, i.e., 31.7.2022 till the date of actual payment of the amounts of retiral dues. The 6% interest as ordered above be paid to the petitioner within a period of 60 days from the date of receipt of a copy of this order.
9. With the above directions, the writ petition is disposed of. Sd/-
(Sachin Singh Rajput)
JUDGE Gopal