1 2026:CGHC:25417 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 571 of 2022 1 - Malak Ram Sahu S/o Shri Sarjuram Sahu Aged About 60 Years R/o Sandha Chowk, Opposite Kamal Ice-Cream, Dhamtari Road, Kurud, Tehsil Kurud, District- Dhamtari Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through- Secretary, Department Of Health And Family Welfare, Mantralaya Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur (C.G.) 2 - Director Directorate Of Health And Family Welfare, Indravati Bhavan, Atal Nagar, Nava Raipur, District- Raipur (C.G.) 3 - Accountant General Chhattisgarh, Raipur Tehsil And District- Raipur, (C.G.) 4 - Joint Director Treasury, Accounts And Pension, Raipur Division, Raipur Tehsil And District- Raipur (C.G.) 5 - Joint Director Health Services, Raipur Division, Raipur, Tehsil And District- Raipur (C.G.) 6 - Chief Medical And Health Officer Dhamtari, Tehsil And District- Dhamtari (C.G.) ---- Respondents For petitioner : Mr. Rahul Kumar, Advocate For respective respondents : Mr. Keshav Gupta, G.A. and Mr. Raj Kumar Gupta, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 22.06.2026 1. The petitioner has filed this petition seeking following relief (s) : “10.1 That this Hon'ble Court be pleased to -2- issue a writ in the nature of mandamus directing the respondents to pay pension and other post retiral benefits to the petitioner from the date petitioner has become entitled for along with 18% interest thereon. 10.2 That this Hon'ble Court be pleased to direct respondents to compensate the petitioner for mental agony and harassment suffered. Cost of litigation may also be awarded. 10.3 That this Hon'ble Court be further pleased to pass such other orders in favour of the petitioner as it may deem fit under the facts and circumstances of the case.” 2. Learned counsel appearing for the petitioner would submit that the petitioner was appointed on the post of Lower Division Clerk vide order dated 16.02.1983 and thereafter, he was promoted to the post of Junior Auditor in the office of Chief Medical and Health Officer, Dhamtari in the year 2013. He would further submit that he tendered his resignation in Form-28 under Rule 42 of the Chhattisgarh Civil Services (Pension) Rules, 1976 (for short ‘the Rules of 1976’) on 31.05.2013, which was accepted by the competent authority. He would contend that till date, retiral dues including gratuity have not been paid to the petitioner. He would further contend that a direction may be issued to the respondent authorities to make payment of gratuity and finalize the pension case. 3. On the other hand, learned counsels appearing for respondents would oppose the submissions. Mr. Gupta, Advocate would submit that the petitioner is getting anticipatory family pension and his claim with regard to gratuity would be finalized within a period of 3 45 days from today. 4. Heard the learned counsel appearing for the parties and perused the documents placed on record. 5. Taking into consideration submissions advanced by Mr. Gupta, at this juncture, this petition is disposed of with a direction to the State authorities to finalize the claim of the petitioner with regard to gratuity within a period of 45 days from today. The claim of pension shall also be considered and decided. However, the petitioner would be at liberty to revive his prayer, if any claim subsists. 6. With the aforesaid observation(s)/direction(s), the present petition is disposed of. SD/- (Rakesh Mohan Pandey) Judge Rekha