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2026 DAILYLAW 10838 (CHH)

RAMESH KUMAR GUPTA v. STATE OF CHHATTISGARH

WPS/14178/2025 · 2026-01-05

Shri Parth Prateem Sahu

body2026

Judgment text

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1 2026:CGHC:63 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 14178 of 2025 1. Ramesh Kumar Gupta S/o Late B.P. Gupta Aged About 68 Years Retired Field Officer, Resident Of Ward No. 26, Kilaward, Juna Bilaspur, Bilaspur (C.G.) ... Petitioners versus 1. State of Chhattisgarh Through Principal Secretary, Department Of Scheduled Castes, Scheduled Tribes, Other Backward Classes And Minorities Development, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar, Distt. Raipur (C.G.) 2. Chhattisgarh Rajya Antyavasai Sahakari Vitta And Vikas Nigam Through Its Managing Director, Sector- 24, Tribal Research And Training Institute, Second Floor, Nawa Raipur, Atal Nagar, Chhattisgarh 3. Collector Bilaspur/chairman, District Antyavasai Sahakari Development Committee Maryadit, Bilaspur (C.G.) 4. Chief Executive Officer District Antyavasai Sahakari Vikas Samiti, Bilaspur (C.G.) ... Respondents For Petitioner :Mr. Ankit Pandey, Advocate For Respondent No.1 & 2 :Mr. Mayur Khandelwal, Panel Lawyer SYED ROSHAN ZAMIR ALI Digitally signed by SYED ROSHAN ZAMIR ALI Date: 2026.01.06 18:56:42 +0530 2 SB: Hon’ble Mr. Justice Part Prateem Sahu Order on Board 06/01/2026 1. Petitioner has filed this writ petition seeking following reliefs:- “a) Issue an appropriate writ, order or direction in the nature of Mandamus commanding the respondents to forthwith, expeditiously and without any further delay: b) Release and pay to the petitioner the full arrears of salary for the period of suspension from 29.11.2000 to 23.06.2003, after treating the said period as duty for all purposes in terms of the binding departmental order dated 11.03.2022; c) Re-fix the petitioner's pay by granting all consequential increments and revisions, and thereafter recalculate, sanction and disburse the revised gratuity and leave encashment, along with payment of the entire differential amount illegally withheld; d) Extend to the petitioner the full benefit of the 7th Pay Commission, including correct pay fixation and payment of all consequential arrears, on parity with similarly situated employees; e) Take all necessary, coordinated and time-bound steps to ensure immediate transfer, updation and consolidation of the petitioner's complete EPF service record and accumulated contributions relating to six years of service from the EPF Office, Bhopal (Madhya Pradesh), to the State of Chhattisgarh, and thereafter ensure correct recalculation and release of pensionary benefits; 3 f) Issue a further direction commanding the respondents to pay interest on all delayed retiral and service dues at such rate as this Hon'ble Court may deem just and proper, preferably at the rate of 12% per annum, in view of the prolonged, unjustified and unconstitutional deprivation suffered by the petitioner; g) Award exemplary and deterrent costs in favour of the petitioner and against the respondents for their arbitrary, callous and sustained disregard of statutory duties, binding administrative orders, and constitutional mandates; h) Pass any other or further order(s), direction(s) or relief(s) as this Hon'ble Court may deem fit, proper and necessary in the facts and circumstances of the case, in the interest of justice, equity and good conscience. 2. Learned counsel for petitioner submits that petitioner while working on the post of Field Officer attained the age of superannuation and retired from service on 31.3.2019, however, till date petitioner has not been paid retiral dues. He submits that the Secretary, Chhattisgarh Rajya Antyavasai Sahakari Samiti Vitta and Vikas Nigam, Raipur has passed an order for disbursement of the amount of leave encashment and gratuity to petitioner, but till date said amount has not been disbursed. Petitioner thereafter submitted various representations vide Annexure P-4 before respondent No.2, but till date no order has been passed and the same are still pending consideration. Hence, he prays that a direction be 4 issued to respondent No.2 to take decision on pending representation of petitioner at the earliest within specific time frame. 3. Learned State Counsel submits that grievance of petitioner is against respondent No.2 for whom he is not appearing. 4. Heard learned counsel for petitioner and perused the documents annexed with writ petition. 5. Considering the submission of learned counsel for petitioner and documents annexed along with writ petition, without entering into merits of claim of petitioner, writ petition is disposed of at this stage with a direction to respondent No.2 to consider and decide pending representation of petitioner (Annexure P-4), if already not decided, in accordance with law expeditiously, preferably within a period of three months from the date of receipt of order. 6. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge roshan/-