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2026 DAILYLAW 7582 (CHH)

BHUVAN LAL SURAXIT v. STATE OF CHHATTISGARH

WPS/6860/2022 · 2026-04-26

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 2026:CGHC:19276 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6860 of 2022 1 - Bhuvan Lal Suraxit S/o Late Malik Ram Aged About 65 Years Retired Additional Commissioner Posted At Municipal Corporation Bilaspur C.G. R/o Kashyap Colony Gali No.03 Ward No.34, Beside Sachdev Sari Center Bilaspur Police Station City Kotwali Bilaspur, District : Bilaspur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, New Mantralaya, Raipur, Chhattisgarh. 2 - Director Directorate, Urban Administration And Development, Indravati Bhawan, New Mantralaya, Raipur, Chhattisgarh. 3 - Joint Director Department Of Urban Administration And Development, Bilaspur Division, District : Bilaspur, Chhattisgarh 4 - Commissioner Municipal Corporation Bilaspur, District : Bilaspur, Chhattisgarh 5 - Commissioner Municipal Corporation Chirmiri, District Manendragarh, Chhattisgarh., Chandigarh 6 - Chief Municipal Officer, Sakti Municipal Council Sakti, District : Sakti, Chhattisgarh 7 - Chief Municipal Officer Municipal Council Baloda Bazar, District : Balodabazar-Bhathapara, Chhattisgarh 8 - Joint Director Department Of Urban Administration Regional Office At Rda Building In Front Of Tahsil Office Raipur, District : Raipur, Chhattisgarh 9 - Chief Municipal Officer Municipal Council Champa, District : Janjgir- Champa, Chhattisgarh 10 - Chief Municipal Officer Nagar Panchayat Sheorinarayan, District : Janjgir-Champa, Chhattisgarh ---- Respondents REKHA SINGH -2- For Petitioner : Mr. R.S. Patel, Advocate For State : Mr. Keshav Gupta, GA For respective respondents : Mr. Pankaj Agrawal, Advocate and Mr. Shikhar Shukla, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 27.04.2026 1. Heard. 2. The petitioners have filed this petition seeking following relief(s) : “10.1 That this Hon'ble court may kindly be pleased to call for the entire records pertaining to the case of the petitioner. 10.2 This Hon'ble court may kindly be pleased to pass an order directing the respondent no. 1 & 2 to sanction and fix the pay as per 6th pay from 01.01.2006, grant benefit of samayman vetanman/kramonnati from 19.07.2010 with arrears, sanction and fix the pay as per 7th pay from 01.01.2016 and than recalculate the pension, gratuity and leave encashment and pay the arrears to the petitioner forthwith and also fix the monthly pension afresh within a stipulated period which may fixed by this Hon'ble Court. 10.3 That, the Hon'ble Court may kindly be pleased to pass an order directing the respondent no. 4 to 10 to pay the arrears of 6th pay and 7th pay forthwith to the petitioner within stipulated period which may be fixed by this Hon'ble Court. 10.4 That, Hon'ble court may kindly be pleased to direct the respondents to pay amount of interest at the rate of 12% of entire amount due delay caused on the part of the respondent no. 1 & 2 or direct the respondent no. 1 & 2 to pay the interest 10% per annum as per order dated 28.10.2021 passed in W.P.S. No. 5908/2021. 10.5 That, this Hon'ble Court may kindly be pleased to grant any other relief, as it may deem fit.” 3. By filing this petition, the petitioner has claimed benefit of 6th and 7th Pay commission along with arrears and retiral dues including revision of pension. It is pleaded that the petitioner, who was working as Additional Commissioner/ Chief Municipal Officer at Municipal Corporation, Bilaspur, District Bilaspur (C.G.) got retired from services on account of superannuation on 30.04.2018 but till date, his claim has not been settled. 4. Learned Government Advocate appearing for the State would refer to para 9, 10 & 11 of the return, wherein, it is stated that the monthly 3 pension of the petitioner has been modified from Rs.20,000/- to Rs.41,200/- per month with effect from 01.05.2018; a sum of Rs.6,01,516/- has been paid against leave encashment of 240 days and said amount has been deposited in the Bank account of the petitioner and further benefit of 6th and 7th Pay Commission has already been extended. Paras 9,10 & 11 are reproduced herein below: “9. It is further respectfully submitted that initially monthly pension to the tune of Rs. 20000/- has been sanctioned in favour of the petitioner which later on has been amended /modified and after amendment, the final pension to the tune of Rs. 41,200/- per month with effect from 01/05/2018 has also been sanctioned in favour of the petitioner vide order dated 21/06/2022. Copies of the orders dated 25/11/2020 and 21/06/2022 are being filed herewith as Annexure R/5 colly. 10. It is respectfully submitted that similarly a sum of Rs. 6,01,516/- under the head of leave encasement of 240 days has already been sanctioned in favour of the petitioner and the same has already been deposited in the bank account of the petitioner i.e. A/c. No. 30449845333 and to demonstrate this fact, copy of the communication dated 20/07/2022 addressed to the petitioner is being filed herewith as Annexure R/6. 11. That, so far as the reliefs prayed for the petitioner with respect to fixation of pay scale as per 6th Pay Commission and 7th Pay Commission are concerned, in this regard, it is respectfully submitted that after implementation of the pay scale as per 6th Pay Commission and 7th Pay Commission by the State Government, the pay scale of the petitioner has duly been revised in accordance with the pay scale fixed under 6th and 7th Pay Commission respectively from the effective date fixed by the State Government and after fixation, the salary has also been paid to the petitioner.” 5. Heard the learned counsel appearing for the parties and perused the documents placed on record. 6. Though the petitioner filed rejoinder to the return filed by the State but averments made in paras 9, 10 & 11 of the return have not been denied or disputed. 7. From a perusal of the return filed by the State, it appears that -4- grievance of the petitioner has been redressed. 8. Taking into consideration the above discussed-facts, this petition is disposed of as grievance of the petitioner has been redressed. However, the petitioner would be at liberty to revive his prayer if cause of action still survives. Sd/- (Rakesh Mohan Pandey) Judge Rekha