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2025 DAILYLAW 55507 (CHH)

RAM SINGH PARMAR v. STATE OF CHHATTISGARH

WPS/8626/2023 · 2025-12-15

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:61309 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8626 of 2023 1 - Ram Singh Parmar S/o Shri Hiralal Parmar Aged About 63 Years R/o Mig 37, Kusabhau Thakre Awas (Deendayal Awas), Ward No. 13, Mangala, Bilaspur, Police Station- Civil Line, District- Bilaspur, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Secretary, Water Resources Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nava Raipur, District- Raipur, Chhattisgarh. 2 - Engineer-In-Chief Water Resources Department, Shivnath Bhawan, Sector-19, Atal Nagar, Nava Raipur, District- Raipur, Chhattisgarh. 3 - Executive Engineer Water Resources Department, Kawardha Division, District-Kabirdham, Chhattisgarh. 4 - Director Directorate Treasury, Account And Pesion, Raipur, Chhattisgarh. 5 - Account General Chhattisgarh Raipur, Baloda Bazar, Raod, Zero Point, Raipur, District- Raipur, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Abhishek Singh, Advocate. For Respondent(s)/State : Mr. Sakib Ahmed, Panel Lawyer. RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 16/12/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 This Hon'ble Court may kindly be pleased to cal for the entire records pertaining to case of the petitioner for pension and other retiral dues. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent authority to pay the pension and other retiral dues to the petitioner with 18% interest. 10.3 Any other relief/reliefs, which this Hon'ble Court may think fit and proper in the facts and circumstances of the case, with cost of petition, may also please be granted to the petitioner.” 2. Brief facts of the case, is that, the petitioner was appointed as a Sub-Engineer on 25/01/1988 and, at the time of his retirement, was posted under the Executive Engineer, Kawardha, District Kabirdham (Chhattisgarh). Upon attaining the age of superannuation, he retired from service on 31/07/2022, in respect of which the respondent authority had issued a letter dated 06/07/2022 confirming his retirement w.e.f. 31/07/2022. Despite the lapse of more than one year since his superannuation, the respondent authorities have failed to release the petitioner’s pension and other retiral dues. The petitioner duly submitted 3 representations dated 30/03/2023 and 01/06/2023, requesting that his pension case be prepared and forwarded for payment; however, the authorities have kept the matter pending and have not forwarded his case for sanction and disbursement of pension. The petitioner has rendered more than 34 years of continuous and qualifying service with the respondent department and is fully entitled to pension and other retiral benefits. It is further submitted that no departmental inquiry or disciplinary proceeding was pending against the petitioner at the time of his retirement, and there exists no legal impediment to the release of his pensionary and other retiral dues. 3. Learned counsel for the petitioner submits that although the petitioner has ultimately been granted his retiral benefits, including pension, gratuity, leave encashment, group insurance and other admissible dues, the same were released after an inordinate and unjustified delay of about fourteen months from the date they became due and payable. It is contended that such a prolonged delay has caused serious financial hardship to the petitioner, who was legally entitled to timely disbursement of these retiral dues, and therefore, in view of the settled principles of law, the petitioner is entitled to be compensated by way of interest on the delayed payment of the aforesaid amounts. 4. On the other hand, learned counsel for the State submits that the delay in disbursement of the said amount occurred solely on account of unavoidable departmental and procedural formalities, 4 which were required to be complied with in accordance with the applicable rules and regulations, and that there was neither any mala fide intention nor any deliberate or negligent act on the part of the authorities; therefore, in view of such procedural exigencies and administrative constraints, the petitioner is not entitled to claim or be granted any interest on the delayed payment of the said amount. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the totality of the facts and circumstances of the case, and taking into account the unexplained and inordinate delay of 14 months in the disbursement of the petitioner’s retiral dues, this Court deems it just, proper, and equitable to direct the concerned respondent authority to pay interest at the rate of 6% per annum on the said retiral dues for the aforesaid delayed period of 14 months, and further directs that the said interest amount shall be calculated and released to the petitioner strictly within a period of 60 days from the date of receipt of copy of this order, failing which the respondents shall be liable to face the consequences in accordance with law. 7. With this observation and direction, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat