1 2026:CGHC:26601 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1474 of 2023 Sampatlal Tiwari S/o Late Shri M.L. Tiwari Aged About 70 Years R/o Near Shiv Mandir, Nariyalkothi, Dayalbandh, Bilaspur, Police Station City Kotwali, District : Bilaspur, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Department Of School Education Mahanadi Bhawan, Mantralaya, Atal Nagar, Nava Raipur, District : Raipur, Chhattisgarh 2 - Director Directorate Of Public Instruction, Indiravati Bhawan, Atal Nagar, Nava Raipur, District : Raipur, Chhattisgarh 3 - Director Treasury, Account And Pension, Raipur (Chhattisgarh) 4 - Lal Bahadur Higher Secondary School Through Principal (Run By Siksha Prasar Samiti) Bamnidih, District : Janjgir-Champa, Chhattisgarh 5 - Accountant General Chhattisgarh Zero Point, Baloda Bazar Road, Post Officer - Vidhan Sabha, Raipur, District : Raipur, Chhattisgarh ... Respondents {Cause title, as taken from CIS} For Petitioner : Mr. Abhishek Singh, Advocate. For Respondents No. 1 to 3 For Respondent No. 5 : : Mr. Ashutosh Shukla, PL and Mr. Ujjawal Choubey, PL Mr. Raj Kumar Gupta, Advocate. {Hon’ble Mr. Justice Naresh Kumar Chandravanshi) Order on Board 30/06/2026 1. This writ petition under Article 226 of the Constitution of India has been preferred by the petitioner, seeking following reliefs :- 2 10.1 Hon’ble Court may kindly be pleased to call for the entire record in respect of pension of petitioner. 10.2 Hon’ble Court may kindly be pleased to direct the respondent authority to release the pension from date of retirement with 18% interest. 10.3 Any other relief as deemed fit by this Hon’ble Court. 2. Learned counsel appearing for the petitioner would submit that the petitioner was initially appointed as ‘Upper Division Teacher’ on 16.09.1974 in Lal Bahadur Shastri Higher Secondary School, Bamnidih, District Janjgir- Champa (C.G.) / respondent No. 4. Subsequently, he retired from the post of Principal of the said school on 30.06.2013; thereafter, his services was extended until 30.04.2014. He was granted benefit of 6th pay commission during his service. However, when the pension was fixed after retirement, it was not based on the recommendations of the Sixth Pay Commission, despite the fact that the Lal Bahadur Shastri Higher Secondary School, Bamnidih, District Janjgir-Champa (C.G.) is 100% Government aided educational institution. It is next contended that the issue involved in the present writ petition has already been decided by the learned Single Bench of this Court vide order dated 05.03.2019 in a bunch of writ petitions, the leading of which being WPS No. 407 /2005, whereby, the bunch of writ petitions were allowed and it was ordered by this Court that the persons who had retired on a particular date, would be entitled for the pension and pensionary benefits as per the pay scale that was applicable on the date of retirement. 3. Learned counsel for the petitioner would further submit that the Writ appeal preferred against the bunch of writ petitions, the leading of which being Writ Appeal No. 111 of 2022, have also been dismissed by learned Division Bench of this Court vide order dated 25.8.2023. He further submits 3 that Writ Petition No. 3889 of 2021 (Dr. R.K. Upadhyay vs. State of Chhattisgarh) has also been decided on the same terms of aforesaid bunch of writ petition by learned Single Bench of this Court vide order dated 28.07.2021, therefore, this petition may also be decided based on the terms applicable to the bunch of writ petitions, that were upheld in the bunch of writ appeals and WPS No. 3889/2021. 4. Counsel appearing for the respondents have no objection to allow the aforesaid prayer made by counsel for the petitioner. 5. Heard learned counsel for the parties and perused the material available on record. 6. The petitioner retired from the post of Principal of Lal Bahadur Shastri Higher Secondary School, Bamnidih, District Janjgir-Champa (C.G.) on 30.06.2013; thereafter, his services was extended until 30.04.2014. The aforesaid School is 100 % Government aided educational institution. The simillar issue has already been considered and decided by the learned Single Bench of this Court vide order dated 05.03.2019 in bunch of writ petition, the leading of which being WPS No. 407/2005. The same has also been upheld by the learned Division Bench of this Court in a bunch of writ appeals, the leading of which being Writ Appeal No. 111 of 2022 (State of Chhattisgarh & others vs. Dr. C.K. Tiwari & another) vide order dated 25.08.2023. One other case bearing WPS No. 3889 of 2021 has also been decided by the Single Bench of this Court vide order dated 28.07.2021 on the same terms, as this Court had ordered in the bunch writ petitions on 05.03.2019. 7. While disposing of Writ Petition (S) No. 3889/2021, the Single Bench of this Court made the following observation, which reads thus : - 2. From the pleadings of the writ petition itself it is 4 evidently clear that the petitioner was working as a Principal under the respondent No.3 establishment, which is a private institution fully aided by the State Government. The petitioner stood retired from service w.e.f. 30.06.2008. According to the petitioner, on the date when he has retired in the year 2008, it was the 6th pay commission, which the petitioner was entitled for and was receiving which was implemented w.e.f. 01.01.2006. However, when the fixation of the pension was done, the same has been done on the basis of the recommendations made as per the 5th pay commission and it is this that the petitioner is aggrieved of. 3. The issue involved in the present writ petition already came up for consideration in a bunch of writ petitions, the leading of which being WPS No. 407/2005, which was decided by this Court on 05.03.2019, whereby the bunch writ petitions were all allowed and it was ordered by this Court that the persons who had retired on a particular date, would be entitled for the pension and pensionary benefits as per the pay scale that was applicable on the date of retirement, which in the instant case is 30.06.2008. Admittedly, in the year 2008, it was the recommendations of the 6th pay commission which was applicable so far as the salary and the puffs are concerned. In view of the same the pensionary benefits ought to had been in terms of the recommendations made under the 6th pay commission. 4. Given the aforesaid facts and circumstances of the case and also taking note of the judgment passed by this Court in the bunch writ petitioners vide its order dated 05.03.2019, the present writ petition also stands disposed of in similar terms and it is ordered that the respondent authorities shall immediately process the claim of the petitioner so far as grant of pension and gratuity as per the revised pay scale applicable on the 5 date of retirement i.e. 30.06.2008 which is the recommendations as made under 6th pay commission. 5. Let the respondents take an appropriate decision for revision of the pension and also for all consequential benefits including arrears, if any, at the earliest preferably within a period of 4 months from the date of receipt of the copy of this order. 6. With the aforesaid observations, the present writ petition stands disposed of.” 8. Thus, since issue involved in present writ petition has already been decided vide order dated 05.03.2019 passed by this Court in a bunch of writ petitions, the leading of which being WPS No. 407 of 2005 and the same has also been upheld by Division Bench of this Court in a bunch of writ appeals, the leading of which being Writ Appeal No. 111 of 2022 and subsequent WPS No. 3889/2021, has also been decided by this Court on same footing, therefore, the present writ petition is also disposed of on the same terms, as has been observed in above referred cases. Consequently, the respondent authorities are directed to take an appropriate decision regarding the revision of the petitioner's pension and all consequential benefits, including arrears (if any), at the earliest preferably within four months from the date of submission of certified copy of this order. 9. With the aforesaid observation (s) & direction (s), this writ petition stands disposed of . 10. Pending interlocutory application (s), if any, also stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2026.07.06 13:08:23 +0530