1 2026:CGHC:7403 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1514 of 2023 Lokesh Kumar Patel S/o Late Shri Ganesh Prasad Patel Aged About 34 Years R/o Ward No. 2, Rambhanta Sanjay Maidan, Raigarh, District Raigarh, Civil And Revenue District Raigarh, Chhattisgarh. ... Petitioner versus 1 - State of Chhattisgarh Through The Secretary, Department of General Administrative, Mahanadi Bhawan, Atal Nagar, P.O. And P.S. Naya Raipur, District Raipur, Chhattisgarh. 2 - Excise Commissioner Chhattisgarh Abkari Bhavan, G. E. Road, Near Sunita Park Labhandih, Raipur, District Raipur, Chhattisgarh. 3 - Assistant Excise Commissioner Janjgir-Champa, District Janjgir- Champa, Chhattisgarh. 4 - Collector, Janjgir-Champa District Janjgir-Champa, Chhattisgarh. 5 - Yogesh Kumar Patel S/o Late Shri Ganesh Prasad Patel Aged About 38 Years R/o Ward No. 2, Rambhanta Sanjay Maidan, Raigarh, District Raigarh, Civil And Revenue District Raigarh, Chhattisgarh. ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Rajendra Tripathi, Advocate For Respondents No.1 to 4/State : Mr. Sangharsh Pandey, Govt. Advocate YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2026.02.12 10:59:16 +0530 2 Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 10.02.2026 1. By filing the present petition, the petitioner seeks issuance of an appropriate direction to the respondent authorities to release all admissible dues/benefits, including Provident Fund, Gratuity, Leave Encashment, Pension, Family Pension and Insurance, payable to the petitioner on account of the death of his father, with the following relief(s):– “10.1) That, the Hon'ble Court may kindly be pleased to call for the entire records case from the authorities concerned for its kind perusal. 10.2) That, the Hon'ble Court may kindly be pleased to direct the respondent authorities to consider the case of the petitioners for releasing the amount of PF, Gratuity, Leave Encashment, Pension, Family, Insurance to the petitioner on account of the death of his father. 10.3) Any other relief or relief(s) which this Hon'ble Court may think proper in view of the facts and circumstances of the case may also kindly be granted.” 2. Brief facts of the case, in a nutshell are that the father of the petitioner was working as a Constable in the Excise Department under the Assistant Excise Commissioner, Janjgir-Champa District, Janjgir-Champa (C.G.) and he died in harness on 3 19.06.2019. The petitioner and his brother are the legal heirs of the deceased employee. After his death, compassionate appointment was granted to the elder son, respondent No. 5, namely Yogesh Kumar Patel, with the consent and no-objection of the petitioner. 3. It is further case of the petitioner that his name, along with that of his brother, is recorded in the nominee column in the service records of the deceased employee. The mother of the petitioner having predeceased his father, the petitioner and respondent No. 5 are equally entitled to the retiral and death-cum-service benefits, including Provident Fund, Gratuity, Leave Encashment, Pension, Family Pension and Insurance. 4. However, the entire amount has been released by the department in favour of respondent No. 5 alone. Despite repeated representations made by the petitioner to the concerned authorities, no steps have been taken to redress his grievance, compelling the petitioner to approach this Court. 5. Learned State counsel submits that all retiral and death-cum- service dues payable on account of the death of late Shri Ganesh Prasad Patel have already been released by the department in favour of respondent No. 5, namely Shri Yogesh Kumar Patel, who is the elder brother of the petitioner. It is further submitted that the said amount was released on the basis of consent obtained from the legal heirs of the deceased employee. 4 6. Learned counsel for the petitioner, on the other hand, submits that the petitioner does not dispute the factum of disbursement of the amount in favour of respondent No. 5 and has no objection to such disbursement per se. However, it is contended that since the petitioner and respondent No. 5 are real brothers and both are equally entitled to the retiral and death-cum-service benefits of the deceased employee, the amount ought to have been apportioned between them. Learned counsel, therefore, prays that appropriate directions be issued to the concerned authorities to consider the claim of the petitioner for apportionment of the said amount in accordance with law. 7. Learned State counsel fairly submits that both the petitioner and respondent No. 5 are legal heirs of the deceased employee and would have equal rights in respect of the retiral dues. It is, however, submitted that since the entire amount has already been disbursed, the petitioner may raise his objection/claim before the concerned competent authority, and upon such objection being filed, the same shall be considered in accordance with law. 8. Having considered the submissions advanced by learned counsel for the parties and the material placed on record, this Court finds that the entire retiral and death-cum-service benefits payable on account of the deceased employee have already been disbursed by the department. In view of the aforesaid admitted position, no further substantive relief survives for consideration in the present writ petition at this stage. 5 9. Accordingly, the writ petition stands dismissed. However, it is made clear that the petitioner shall be at liberty to submit an appropriate objection/representation before the concerned competent authority regarding apportionment of the amount already disbursed. In the event such objection is filed, the competent authority shall consider and decide the same in accordance with law by passing a reasoned order, expeditiously within a reasonable period. 10. There shall be no order as to costs. Sd/- (Amitendra Kishore Prasad) Judge Yogesh