1 CGHC010265432026 2026:CGHC:29339 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5282 of 2026 Umesh Kumar Nayak S/o- Late Bhojraj Nayak, Aged About 64 Years Retired Assistant Engineer, R/o- H I G E-19, Parijat Extension, Nehru Nagar, Bilaspur, District- Bilaspur (C.G.) Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Public Works Department, Mantralaya At Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur (C.G.) 2 - Engineer-In-Chief, Public Works Department, Nirman Bhawan, North Block Sector-19, Atal Nagar, Nava Raipur, District- Raipur (C.G.) 3 - Chief Engineer, Public Works Department, Bilaspur Division, District- Bilaspur (C.G.) 4 - The Principal Accountant, Office Of Accountant General Raipur, Chhattisgarh Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Mr. Shubham Verma along with Mr. Tanmay Thomas, Advocates For Respondent(s) : Mr. Shahil Singh, PL For Resp No.4 ; Mr. Rajkumar Gupta, Advocate RAHUL JHA Digitally signed by RAHUL JHA Date: 2026.07.13 17:03:31 +0530 2 (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 13/07/2026 1. Learned counsel for the petitioner submits that the petitioner superannuated from service on 31.01.2024 from the post of Assistant Engineer. However, his retiral dues have not been released on the ground that a show cause notice dated 18.01.2024 was issued to him. Referring to Annexure P/3, learned counsel submits that respondent No.2/Engineer-in-Chief, vide communication dated 17.09.2024 addressed to the Secretary, Public Works Department, Government of Chhattisgarh, has stated that, upon considering the reply submitted by the petitioner to the show cause notice, he was satisfied with the explanation furnished by the petitioner and requested the Secretary to take an appropriate decision in the matter. It is submitted that no decision has yet been taken by the Secretary and, consequently, the petitioner's retiral dues have also not been released. It is, therefore, prayed that the respondents be directed to take a decision on the aforesaid communication and thereafter release the entire retiral dues payable to the petitioner. 2. Learned State counsel, on instructions, submits that if the communication dated 17.09.2024, containing the specific opinion of respondent No.2, is still pending consideration before the Secretary, the same shall be considered and decided in accordance with law within a period of 45 days. It is further submitted that appropriate consequential 3 steps, including with regard to the release of the petitioner's retiral dues, shall be taken expeditiously in accordance with the decision so taken. 3. Considering the submissions made by learned counsel for the parties and without expressing any opinion on the merits of the case, the present writ petition is disposed of with a direction to the Secretary, Public Works Department, Government of Chhattisgarh, to consider and decide the communication dated 17.09.2024 sent by respondent No.2, in accordance with law, within a period of 45 days from the date of receipt of a copy of this order. 4. It is further directed that, depending upon the decision so taken, appropriate consequential steps, including release of the petitioner's admissible retiral dues, if there is no other legal impediment, shall be taken expeditiously in accordance with law. 5. With the aforesaid observations and directions, the writ petition stands disposed of. No order as to costs. Sd/- (BIBHU DATTA GURU) JUDGE Rahul