Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:5755
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 902 of 2025 1 - Purushottam Patel S/o Late Chabilal Patel Aged About 63 Years R/o Village Barpali, Telephone Exchange Via Bhaisma Post Office Barpali, District Korba (C.G.).
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, School Education Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Atal Nagar,
Naya
Raipur,
District
Raipur
(C.G.). 2 - Director, Public Instruction, Directorate, Indrawati Bhawan, Chhattisgarh
Naya
Raipur,
District
Raipur
(C.G.). 3 - District Education Officer Korba, District Korba (C.G.). 4 - Director, Treasury Accounts And Pension, Directorate, Indrawati Bhawan, Raipur, District Raipur (C.G.). ... Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioner :- Ms. Anushka Sharma, Advocate on behalf of Mr. Manoj Paranjpe, Advocate For State :- Mr. Soumitra Kesharwani, P.L. ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad
Order On Board 31.01.2025
1. By way of this writ petition, the petitioner has prayed for following reliefs:- VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR
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“1) That, this Hon'ble Court may kindly be pleased to issue a writ/writs, direction/directions, order/orders and the respondent authorities may kindly be directed to disburse the remaining amount of gratuity to the tune of Rs. 1,88,200/- and they may further be
directed to disburse the arrears of pension to the tune of Rs. 55,480/- (6935 P.M. x 8 = 55,480) along with the interest and the authorities may further be
directed to finalize the pension of the petitioner forthwith i.e. within a stipulated period as Hon'ble Court deem fit. 2) That, this Hon'ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.”
2. Learned counsel for the petitioner submits that vide order dated 26.02.2024, a recovery of amount to the tune of Rs.12,800/- was
directed to be recovered from the petitioner, however, in lieu of the same, the respondents are not giving him rest of the amount of gratuity as well as full amount of pension. He submits that the respondents have withheld those amount though the petitioner has been retired on 31.05.2024.
3. On the other hand, learned counsel appearing for the State submits that the order dated 26.02.2024 has been passed in accordance with law, which is absolutely correct and requires no interference.
4. Considering the submissions made by the parties, and further considering the aforesaid aspect of the matter, it is directed that
3 the concerned respondent authority shall disburse the amount of pension and gratuity while deducting an amount to the tune of Rs.12,800/- till the decision of the appeal which the petitioner has filed. If the petitioner would be succeeded in the appeal, then the amount of Rs.12,800/- is also required to be disbursed to the petitioner.
5. With the aforesaid observation(s)/direction, the instant petition is hereby disposed off. sd/- (Amitendra Kishore Prasad) Judge Vishakha