1 2026:CGHC:16215 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5994 of 2023 Dr. Santosh Kumar Gupta S/o Late Shri Baij Nath Gupta, Aged About 66 Years R/o 48/104, Meghdoot Nagar, Near Hanu Traders, Sarkanda, Bilaspur, District Bilaspur Chhattisgarh. ... Petitioner versus 1 - State of Chhattisgarh Through Secretary, Department of Higher Education, Mahanadi Bhawan, Mantralaya, Nava Raipur, District Raipur Chhattisgarh. 2 - Director, Directorate of Higher Education, Block-3, 2nd And 3rd Floor, Indrawati Bhawan, Nava Raipur, District Raipur Chhattisgarh. 3 - Principal, Government E. Raghvendra Rao, P.G. Science College, Bilaspur Chhattisgarh. 4 - Account General Chhattisgarh, Baloda Bazar Road, Raipur, Tahsil And District Raipur Chhattisgarh. ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Rahul Jha, Advocate For State/Respondents No.1 to 3 : Mr. Ujjawal Choubey, Panel Lawyer For Respondent No.4 : None Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 08.04.2026 1. By filing the present petition under Article 226 of the Constitution of India, the petitioner seeks issuance of an appropriate writ, order YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2026.04.13 10:22:27 +0530 2 or direction against the respondents for their inaction in not releasing the retiral benefits, particularly gratuity and pension, despite the petitioner having superannuated from the post of Professor (Physics) on 31.03.2023. The petitioner has prayed for following relief(s) :- “1. Hon'ble Court may be kind and gracious enough to call for the records of the case from the respondents. 2. Hon'ble Court may be kind be pleased to direct the respondents by issuance of writ of mandamus or any other writ/writs, order/orders or direction/directions to finalize and pay the pension of the petitioner along with interest applicable and admissible. 3. Hon'ble Court may be kind be pleased to direct the respondents by issuance of writ of mandamus or any other writ/writs, order/orders or direction/directions to finalize and pay the gratuity of the petitioner along with interest applicable and admissible. 4. Any other relief/relief's which Hon'ble court may deem fit in the facts and circumstances of the instant case.” 2. Learned counsel for the petitioner submits that the petitioner, who served as Professor (Physics) under the respondent department, superannuated on 31.03.2023, however, despite completion of more than a considerable period, the respondents have failed to finalize the pension and release the gratuity, which is wholly 3 arbitrary and contrary to the provisions of the Chhattisgarh Pension Rules, 1976. It is further submitted that as per the statutory mandate, the pension is required to be finalized prior to retirement and is payable from the very next month following superannuation, and gratuity is also liable to be released immediately thereafter; however, in the present case, the respondents have failed to adhere to the said mandatory provisions without any justifiable reason. 3. Learned counsel further submits that the petitioner had earlier approached this Court in WP(S) No. 362/2009 with regard to grant of advance increments, pursuant to which liberty was granted to file a representation and thereafter, by order dated 16.02.2010, the petitioner was extended the benefit of such increments, which were duly taken into account in subsequent pay revisions, and therefore, there is no dispute whatsoever regarding the service conditions or pay fixation of the petitioner. It is also submitted that prior to retirement, all necessary steps for finalization of retiral dues were undertaken by the department, including forwarding of the service book to the competent authority, issuance of No Dues Certificate, and No Inquiry/No Event Certificates, and despite repeated communications and reminders by the respondent No.3 to respondent No.4 for return and approval of the service book, the same has not been processed, resulting in delay attributable solely to the respondents. Learned counsel contends that presently the petitioner is being paid only anticipatory pension and 4 the gratuity amount has not been released at all, despite there being no legal impediment, and such inaction on the part of the respondents is violative of the statutory rules as well as settled principles of law, thereby entitling the petitioner for appropriate directions from this Court for immediate finalization of pension and payment of gratuity along with consequential benefits. 4. On the other hand, learned State counsel opposes the submissions made on behalf of the petitioner and submits that there has been no deliberate inaction on the part of the respondents and the matter relating to finalization of pension and payment of gratuity is under active consideration. It is submitted that certain issues arose with regard to verification of the petitioner’s pay fixation, particularly in light of grant of advance increments under the Family Welfare Programme, which required clarification and approval from the competent authorities as well as verification by the office of the Accountant General. He further submits that in this regard, communications have been exchanged between the respondent authorities from time to time, including letter dated 05.10.2023, whereby necessary clarification was provided and relevant certificates such as No Demand, No Inquiry and No Event Certificate were also forwarded, and a request was made to process the petitioner’s case in accordance with rules. 5. It is also submitted that thereafter, by communication dated 06.10.2023, the service book of the petitioner along with 5 necessary opinion was forwarded to the competent authority for verification of the Seventh Pay fixation, which is a prerequisite for finalization of pensionary benefits, and therefore, the delay, if any, is procedural and not intentional. He lastly contends that the petitioner is already being paid anticipatory pension in accordance with rules and as soon as the verification process is completed by the concerned authority, the final pension and gratuity shall be released to the petitioner as per entitlement. 6. No one appears on behalf of respondent No.4. 7. I have heard learned counsel for the parties and perused the material available on record. 8. Upon perusal of the material available on record, this Court finds that the petitioner, despite having superannuated on 31.03.2023, has not been extended the full retiral benefits, particularly pension and gratuity, for a considerable period of time. It is evident that the petitioner has already completed all requisite formalities and there is no subsisting departmental inquiry or impediment, as is also reflected from the issuance of No Dues Certificate, No Inquiry Certificate and No Event Certificate by the competent authorities. The delay in finalization of pension and release of gratuity appears to be on account of inter-departmental correspondence and procedural lapses, which cannot be permitted to prejudice the legitimate rights of a retired employee, who is entitled to timely settlement of his retiral dues under the applicable rules. 6 9. It is well settled that pension and gratuity are not bounty, but valuable rights accrued in favour of an employee for the services rendered, and any inordinate delay in their disbursement defeats the very purpose of social security post-retirement. The respondents, being State authorities, are expected to act with promptitude and ensure that retiral benefits are released within the time prescribed under the Chhattisgarh Pension Rules, 1976. 10. In view of the aforesaid, and without entering into the merits of the inter se correspondence between the departments, the present writ petition is disposed of with a direction to respondents No.1 to 3 to take all necessary and expeditious steps for finalization of the petitioner’s pension case and to ensure disbursement of the entire retiral dues, including gratuity and arrears of pension, if any, strictly in accordance with law, within a period of 60 days from the date of receipt of a certified copy of this order. 11. It is further observed that in the event of failure to comply within the stipulated period, the petitioner shall be at liberty to avail appropriate remedies in accordance with law. 12. With the aforesaid observations/directions, instant writ petition stands disposed of. Sd/-- (Amitendra Kishore Prasad) Judge Yogesh