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2026 DAILYLAW 7932 (CHH)

SMT. JOLLY BANERJEE v. STATE OF CHHATTISGARH

WPS/3173/2026 · 2026-04-09

Shri Parth Prateem Sahu

body2026

Judgment text

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1 / 3 2026:CGHC:16599 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3173 of 2026 • Smt. Jolly Banerjee Wd/o Late Ashish Kumar Banerjee, Aged About 60 Years R/o. Hig No. 31, Parijat Castle, Ring Road No. 2,bilaspur, District Bilaspur, Chhattisgarh --- Petitioner(s) versus 1. State Of Chhattisgarh Through The Secretary, Department Of Agriculture, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District- Raipur, Chhattisgarh. 2. The Director, Ditectorate Of Agriculture, Indrawati Bhawan, Atal Nagar, Nawa Raipur, District-Raipur, (C.G.) 3. The Under Secretary, Directorate Of Agriculture, Indrawati Bhawan, Atal Nagar, Nawa Raipur, District- Raipur, (C.G.) 4. The Joint Director, Department Of Agriculture, Bilaspur Division, District- Bilaspur, (C.G.) 5. The Deputy Director Department Of Agricultrue, Bilaspur Division, District- Bilaspur, (C.G.) 6. The District Treasury Officer, Bilaspur, District- Bilaspur, Chhattisgarh. 7. The Assistant Land Conservation Officer, Bilaspur, District-Bilaspur, (C.G.) --- Respondent(s) For Petitioner : Mr. Vivek Kumar Agrawal, Advocate For Respondents- State : Mr. Hariom Rai, Panel Lawyer S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 10/04/2026 1. Petitioner has filed this writ petition seeking following reliefs. “10.1 That, this Hon’ble Court may kindly be pleased to issue an appropriate writ/ direction/order to the respondent authorities to start family pension and release the 10% PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 3 withheld pension, gratuity, leave encashment and salary of suspension period from 03.01.2009 to 04.03.2011 and other consequential benefits to the petitioner along with interest. 10.2 That, this Hon’ble Court may kindly be pleased to direct the respondents to consider and decide the representation submitted by petitioner dated 27.03.2026 (Annexure P-8). 10.3 Any other relief, which this Hon’ble Court deems fit and proper, may also kindly be granted to the petitioner, in the interest of justice.” 2. Learned counsel for petitioner submits that husband of petitioner Late Shri Ashish Kumar Benerjee while working on the post of Surveyor was implicated in a criminal case. The criminal case registered against petitioner was decided on 30.10.2018 acquitting petitioner from the charges levelled against him. Appeal preferred by the State Government challenging the order of acquittal of petitioner, came to be dismissed on 30.09.2024. He submits that husband of petitioner after attaining age of superannuation stood retire from service on 30.11.2018 ie., after his acquittal in criminal case. Husband of petitioner was paid 90% anticipatory pension and 10% of retiral dues is still withheld. Petitioner submitted a representation before the respondents-authorities on 27.03.2026 for granting full pension and other retiral dues as also salary of the suspension period, which is pending consideration and therefore direction be issued to the concerned respondents-authorities to consider and take decision on the representation of petitioner at the earliest within specified time. 3. Learned counsel for State submits that in view of the limited prayer made by learned counsel for petitioner, he is having no objection. 3 / 3 4. On due consideration of the facts and circumstances of the case, nature of grievance raised and the submission made by learned counsel for respective parties, this writ petition at this stage is dispose off directing the respondents-authorities to consider and take decision on the representation submitted by petitioner dated 27.03.2026, in accordance with law, expeditiously, preferably within a further period of 02 months from the date of receipt of copy of order passed by this Court. 5. With the aforesaid observation and direction, this writ petition is disposed of. Sd/- (Parth Prateem Sahu) Judge pwn