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2026 DAILYLAW 13796 (CHH)

GHANSHYAM SINGH v. STATE OF CHHATTISGARH

WPS/8536/2024 · 2026-03-31

Shri Parth Prateem Sahu

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Judgment text

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1 2026:CGHC:15170 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8536 of 2024 1. Ghanshyam Singh S/o Shri Sonsai Gond Aged About 61 Years R/o Bharkapara, Police Line, City Kotwaliparisar, Qtr. No. 28, Rajnandgaon, District- Rajnandgaon, ( C.G.). ... Petitioner versus 1. State of Chhattisgarh Through- The Secretary, Home Department Mahanadi Bhawan, Mantralaya, New Raipur, District- Raipur ( C.G.). 2. Director General Of Police Cum Appellant Authority, Raipur, District- Raipur, ( C.G.). 3. Inspector General Of Police Bhilai Zone, District- Durg, (CG). 4. Superintendent Of Police, Rajnandgaon, District- District- Rajnandgaon ( C.G.). ... Respondents For Petitioner : Mr. T.K. Tiwari, Advocate For Respondents : Mr. Shahil Singh, Panel Singh. S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order On Board 01/04/2026 1. Petitioner has filed this writ petition seeking following reliefs:- “10.1. That, this Hon’ble Court may kindly be pleased to issue a writ of mandamus commanding to the respondent no.2 to 4 to release/pay the back wages and all the consequential benefits to the SYED ROSHAN ZAMIR ALI Digitally signed by SYED ROSHAN ZAMIR ALI Date: 2026.04.02 14:02:47 +0530 2 petitioner for the period on which he was deprived to continue his service in compliance with the provision of fundamental rules, all retiral dues and pension.” 10.2. That, this Hon’ble Court may kindly be pleased to issue a writ of mandamus commanding to the respondent no.2 to 4 to pay interest as well as amount of compensation of Rs.5,00,000/- to the petitioner for exercising their illegal, arbitrary use of powers. 10.3. That, any other relief which this Hon’ble Court deems fit and proper in favour of the petitioner may kindly be passed. 2. Learned counsel for petitioner submits that petitioner while working on the post of Head Constable, was inflicted with punishment of dismissal from service vide order dated 28.7.2011. Order of dismissal was set aside / quashed vide order dated 15.2.2024 passed in WPS No.528/2013. After passing of order in writ petition, petitioner was reinstated in service by respondent in the month of March, 2024. Petitioner stood retired on 31.10.2024 after attaining age of superannuation. After retirement, petitioner is not being paid single penny towards retiral due. On approach being made, petitioner has been informed that decision is pending in view of letter forwarded to the Superintendent of Police dated 12.4.2024. He submits that from the letter, Annexure P-6, it is appearing that the Director General of Police Chhattisgarh, Raipur had issued letter to the Superintendent of Police 3 Rajnandgaon on 12.4.2024 for taking decision in respect of period during which petitioner was not in service i.e. for the period from 28.7.2011 till March, 2024. However, according to instruction of petitioner, till date no decision has been taken. 3. Learned State Counsel does not dispute submission of learned counsel for petitioner with regard to letter dated 12.4.2024 (Annexure P-6) written by the Inspector General of Police to the Superintendent of Police District Rajnandgaon. On a question being put to learned State Counsel as to whether decision has been taken pursuant to letter dated 12.4.2024, Annexure P-6, he submits that according to instruction received by him, no decision has been taken till now. 4. In the above facts of the case, considering the nature of grievance raised in this writ petition and the fact that Inspector General of Police Chhattisgarh, Raipur has already directed the Superintendent of Police District Rajnandgaon to take decision in respect of period during which petitioner was not in service, which has not been taken by respondent No.4- Superintendent of Police till date, this writ petition at this stage is disposed of with a direction to respondent No.4- Superintendent of Police District Rajnandgaon to take decision in pursuance of the letter dated 12.4.2024 (Annexure 4 P-6) in accordance with law expeditiously, preferably within a period of two months from the date of receipt of the order. 5. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge roshan/-