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2026 DAILYLAW 30739 (CHH)

RIKHIRAM THAKUR v. STATE OF CHHATTISGARH

WPS/1094/2020 · 2026-08-13

Shri Sanjay K Agrawal

body2026

Judgment text

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1 CGHC010053542020 2026:CGHC:36193 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1094 of 2020 1 - Rikhiram Thakur S/o Shri Lotan Prasad Aged About 70 Years Resident Of Shivaji Ward Thethvarpara, Dongargarh, Thana And Tehsil Khairagarh, District- Rajnandgaon Chhattisgarh, ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department, Mantralaya, New Raipur, Police Station Rakhi, Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 2 - The Collector District Rajnandgaon Chhattisgarh, District : Rajnandgaon, Chhattisgarh 3 - Sub Divisional Officer Tehsil- Chuikhadan, District- Rajnandgaon Chhattisgarh, 4 - Joint Director Treasury Account And Pension, District Rajnandgaon Chhattisgarh, District : Rajnandgaon, Chhattisgarh ... Respondent(s) For Petitioner(s) : Ms. Bhavika Kotecha, Advocate For Respondent/State : Mr. Rahul Tamaskar, G.A. Hon’ble Shri Sanjay K. Agrawal, Judge Order on Board 14.08.2026 1. The petitioner, by way of the instant petition, is challenging the action of the respondent authorities in withholding a part of his pension and is further seeking interest on account of the delayed payment of gratuity, which was subsequently paid to him. 2. Learned counsel for the petitioner submits that the petitioner, after his retirement on 31.08.2009, was paid only 90% of his pension and 50% of his gratuity was withheld on account of the pendency of criminal proceedings. Although the petitioner was ultimately acquitted of the criminal charges vide order dated 01.07.2019 and no departmental Digitally signed by JYOTI JHA Date: 2026.08.14 17:54:31 +0530 2 enquiry was ever initiated against him, his full and revised pension, revised dearness allowance and arrears thereof have not been released. It is further submitted that the balance gratuity amount was paid on 05.02.2020 without interest for the delayed payment. Despite several representations, the petitioner’s grievance has not been redressed. 3. Learned State counsel submits that, in compliance with the order dated 02.01.2026, the respondent has filed its reply on 13.02.2026. Paragraph 11 of the said reply reads as under: It is pertinent to mention here that, the petitioner was informed that he has to fill a form online forenhancement of his pension as per the law and procedures and for the same he was asked to bring the required documents along with the Adhar card to complete the procedure of filling the form but neither the petitioner complied with the direction of the respondent/State to bring the required documents nor he approached the respondent department for the same thereafter. It is further submitted that the respondent/state is ready to proceed further in accordance with law if the petitioner submits the necessary documents for filing of the pension form for enhancement of the pension. 4. At this stage, learned counsel for the petitioner submits that the petitioner shall comply with the aforesaid requirements and fill up the online form, as stated hereinabove, along with the requisite documents. 5. Be that as it may, in view of the paragraph 11 of the reply, the present writ petition stands disposed of with a direction that, upon the petitioner submitting the requisite documents and completing the necessary formalities, the respondent authorities shall proceed further in accordance with law. 6. Accordingly, the present writ petition stands disposed of. Sd/- (Sanjay K. Agrawal) Judge Jyoti