1 CGHC010254092025 2026:CGHC:37609 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6810 of 2025 Narendra Kumar Nagesh S/o Late Shri D.S. Nagesh Aged About 61 Years Retired Deputy Director, Agriculture, R/o Village - Chawela, Tahsil - Bhanupratappur, District - Kanker North Bastar (Chhattisgarh) ... Petitioner versus 1 - State of Chhattisgarh Through The Secretary, Agriculture Development and Farmer Welfare and Biotechnology Department, Mahanadi Bhawan, Atal Nagar, Naya Raipur, Chhattisgarh, 492002 2 - The Director Directorate of Agriculture, Block-2, First And Second Flor, Indravati Bhawan, Naya Raipur (Chhattisgarh), 492002 3 - Joint Director Office of Divisional Joint Director Agriculture, Bastar Division, Jagdalpur, Chhattisgarh ... Respondents For Petitioner : Mr. Prakash Tiwari, Advocate For State/Respondents : Mr. Aditya Tiwari, Panel Lawyer (Hon’ble Shri Justice Bibhu Datta Guru) Order on Board 21/08/2026 1. By filing the present petition, the petitioner, who had voluntarily retired from service with effect from 31.07.2024, has sought release of his retiral dues, including pension, gratuity and leave encashment. It is ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2026.08.25 10:39:07 +0530 2 submitted that despite his retirement and completion of the requisite formalities, the retiral dues have not been fully released. 2. Learned counsel for the petitioner submits that the petitioner was appointed as Agriculture Development Officer on 06.01.1990 and, after rendering more than three decades of service, was promoted to the post of Deputy Director, Agriculture. On account of his deteriorating health, the petitioner submitted an application for voluntary retirement, which was accepted by the competent authority and he was relieved from service with effect from 31.07.2024. He would next submit that the petitioner had completed all requisite formalities and a no-dues certificate was also issued in his favour. He would further submit that despite his voluntary retirement and issuance of the no-dues certificate, the respondents failed to release the petitioner's complete retiral dues. Though certain amounts towards GIS and GPF have been paid, his pensionary benefits and other retiral dues remained withheld. The petitioner had also submitted a representation dated 04.03.2025 requesting release of his pension and leave encashment, but no effective action was taken thereon. It is further submitted that the respondents are seeking to withhold the retiral dues on the ground of an earlier punishment order whereby two annual increments of the petitioner were withheld with non-cumulative effect. According to learned counsel for the petitioner, the said punishment cannot furnish a justification for indefinite withholding of the petitioner's retiral dues, particularly after his voluntary retirement and after the respondents had accepted his retirement and completed the requisite formalities. 3 3. Learned State counsel, on the other hand, submits that while the petitioner was posted as Deputy Director, Agriculture, certain irregularities were noticed and disciplinary proceedings were contemplated. Consequently, punishment of withholding of two annual increments with non-cumulative effect was imposed upon the petitioner under the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966. It is submitted that the petitioner was required to deposit the amount attributable to the said punishment, but he failed to do so. Learned State counsel further submits that an order dated 21.01.2026 was thereafter issued for recovery of an amount of ₹3,12,282/- from the petitioner. It is also submitted that after his voluntary retirement, 90% anticipatory pension was sanctioned to the petitioner vide order dated 02.02.2026. The respondents, therefore, submit that the amount legally recoverable from the petitioner may be adjusted from his retiral dues. 4. I have considered the submissions advanced by learned counsel for the parties and perused the material available on record. 5. It is not in dispute that the petitioner was permitted to voluntarily retire from service with effect from 31.07.2024. The respondents have also taken steps for settlement of his pensionary benefits and have sanctioned 90% anticipatory pension. Thus, there is no dispute with regard to the petitioner's status as a retired employee and his entitlement to retiral benefits in accordance with law. At the same time, the respondents have quantified an amount of ₹3,12,282/- as recoverable from the petitioner pursuant to the order dated 21.01.2026. In view of the stand taken by the 4 respondents, the said amount can be withheld from the retiral dues of the petitioner, leaving the remaining amount payable to him to be released without further delay. 6. In the circumstances of the case, without entering into the merits of the punishment order or expressing any opinion on the legality of the recovery of ₹3,12,282/-, the petition is disposed of with a direction that the concerned respondent shall release the retiral dues payable to the petitioner, after withholding an amount of ₹3,12,282/-, which has been directed to be recovered from the petitioner by order dated 21.01.2026. The aforesaid exercise shall be completed within a period of 60 days from the date of receipt of a copy of this order. It is made clear that this Court has not adjudicated upon the legality of the order dated 21.01.2026 or the petitioner's liability to pay the aforesaid amount, and the petitioner shall be at liberty to avail such remedy against the said order as may be available to him in law. 7. With the aforesaid direction, the writ petition stands disposed of. SD/- SD/- (Bibhu Datta Guru) JUDGE ashu