Extracted from the PDF above. The PDF is authoritative.
1
CGHC010108822024
2026:CGHC:40507
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2181 of 2024 1 - U.K. Kar S/o Shri Durga Prasad Kar Aged About 66 Years (Retr. Assistant Engineer, Irrigation), R/o Plot No. 33, Street- 1, Priyanka Nagar, Risali, Bhilai, District : Durg, Chhattisgarh
... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Irrigation, Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh 2 - Executive Engineer Irrigation Department, District : Balodabazar- Bhathapara, Chhattisgarh 3 - Joint Director Treasury, Account And Pension, Raipur, District : Raipur, Chhattisgarh 4 - The Accountant General Vidhan Sabha Road, Raipur, District : Raipur, Chhattisgarh
... Respondents For Petitioner : Mr. Akashdeep Sharma, Advocate on behalf of Mr. Atul Kumar Kesharwani, Advocate. For Respondents/State : Mr. Shahil Singh, Panel Lawyer For Respondent No.4 : Mr. R.K. Gupta, Advocate Hon’ble Shri Bibhu Datta Guru, Judge
Order on Board 16/09/2026
1. By the present writ petition, the petitioner is questioning the AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2026.09.18 10:41:51 +0530
2 impugned letter dated 29.01.2024, Annexure P-1, whereby the petitioner’s representation seeking payment of interest on the delayed disbursement of his retiral dues has been rejected.
2.
Learned counsel for the petitioner submits that the representation submitted by the petitioner seeking payment of interest on the delayed disbursement of his retiral dues has been rejected by the impugned letter dated 29.01.2024. He submits that the said representation was submitted by the petitioner before the respondent authorities pursuant to the
order passed by this Court dated 02.05.2023 in W.A. No. 419 of 2019, whereby liberty was granted to the petitioner to make a representation before the competent authority claiming interest on the delayed payment of his retiral dues. It was further directed that the respondent authorities shall consider the petitioner’s representation in the light of the judgment of the Supreme Court in the case of Dr. A. Selvaraj v. C.B.M. College & Ors., reported in 2022 4 SCC 627. Learned counsel for the petitioner submits that the representation submitted by the petitioner has not been considered in accordance with the law laid down by the Hon’ble Supreme Court in Dr. A. Selvaraj (supra), though the specific observations made by this Court in W.A. No. 419 of 2019.
3.
Learned counsel for the respondents submits that though the representation has been decided, but the same has not been decided in the light of law laid down by the Supreme Court in
3 the matter of Dr. A. Selvaraj (supra).
4. I have heard learned counsel for the parties, perused the pleadings and documents.
5. Upon perusal of the impugned Annexure P-1 and the order passed by this Court in W.A. No. 419 of 2019, it appears that the writ appeal was disposed of with a direction to the authority concerned to consider the petitioner’s representation claiming interest on account of the delayed payment of retiral dues, in accordance with the law laid down by the Supreme Court in the matter of Dr. A. Selvaraj (supra). However, the respondent-authority/Executive Engineer has decided the petitioner’s representation without considering the law laid down by the Supreme Court in Dr. A. Selvaraj (supra). It is also evident that the respondent has not stated as to who was responsible for the delayed payment of the petitioner’s retiral dues. The retiral dues were paid to the petitioner only after the decision in the writ petition filed by him, though the petitioner has retired on 31.01.2019.
6. Accordingly, the writ petition is disposed of with a direction to the competent authority to pass a detailed order examining the claim of the petitioner in accordance with the law laid down by the Supreme Court in Dr. A. Selvaraj (supra) within a period of 30 days. If the petitioner is found entitled to interest in accordance with the law laid down by the Supreme Court in
4 Dr. A. Selvaraj (supra), the same be considered and necessary order be passed by granting interest upon the delayed payment of retiral dues within a further period of 50 days from today. SD/-
(Bibhu Datta Guru)
Judge Amardeep