1 2026:CGHC:8737 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4864 of 2018 1 - S. S. Bhagat S/o Late K.R. Bhagat Aged About 63 Years R/o 90/a Maitri Vihar, Near Ekta Park, Radhika Nagar, Supela, Police Station Supela, Bhilai, District- Durg, Chhattisgarh., District : Durg, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Skill Development, Technical Exucation And Employment, Mantralaya, Mahanadi Bhawan, Naya Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2 - Director Directorate Of Employment And Training Indrawati Bhawan, Naya Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. N. Naha Roy, Adv. For Respondent(s) : Mr. Ghanshyam Kashyap, Dy. G. A. and Mr. RCS Deo, P. L. (Hon’ble Shri Justice Sachin Singh Rajput) Order on Board 18/02/2026 1. Following relief has been claimed in this writ petition:- 10.1 Issue an appropriate writ in the nature of mandamus and direct the respondents to disburse the gratuity in view of his retirement from service having occurred on 30.04.2017 coupled with the fact that there is no grave charge remaining pending against the petitioner. 10.2 Issue an appropriate writ in the nature of mandamus and direct the respondents to grant suitable interest on the amount of gratuity to be paid to the petitioner. 10.3 Grant any other relief, which is deemed fit in the circumstances of the case. PARUL MITTAL Digitally signed by PARUL MITTAL Date: 2026.02.23 17:48:28 +0530 2 2. Learned counsel for the petitioner submits that the petitioner was initially appointed as an Employment Officer with the respondent on 23.11.1983. He was subsequently promoted to the posts of Deputy Director and Joint Director eventually retiring from service on 30.04.2017 upon attaining the age of superannuation from the post of Joint Director (Employment and Training). At the time of his retirement, a departmental enquiry was pending against the petitioner. This enquiry was concluded on 23.09.2021, and the petitioner was exonerated of all charges. Due to the pendency of the said departmental enquiry, the petitioner’s gratuity was withheld at the time of retirement. Following his exoneration, the petitioner became entitled to receive the total gratuity amount of Rs.19,91,550/-. Although this amount ought to have been paid to the petitioner on the date of his retirement, 90% of the said amount was only paid to the petitioner on 17.11.2021 and remaining 10% was paid on 21.04.2022. He further submits that due to this inordinate delay in the disbursement of gratuity, the petitioner has suffered a loss of interest. Having been deprived of the use of his monetary benefits at the appropriate time, the petitioner is entitled to interest on the delayed payment. 3. Learned counsel for the respondent submits that as a departmental enquiry was pending against the petitioner, the gratuity amount was withheld. Following his exoneration from the said departmental enquiry, 90% of the gratuity was released within a short span of time, and the balance was paid on 21.04.2022. Consequently, the respondent contends that the petitioner is not entitled to any interest. 4. Heard learned counsel for the parties and perused the record. 5. There is no dispute that at the time of petitioner’s retirement, a departmental enquiry was pending against him; nor is it in dispute that the said enquiry resulted in his exoneration. Furthermore, there is nothing on record to suggest that the Government suffered any loss to the exchequer due to any misconduct by the petitioner. Naturally, the petitioner was deprived of his gratuity benefits at the time of retirement. Given that the departmental enquiry resulted in his full exoneration, this Court finds no justification to deny him interest on the delayed payment. As the gratuity amount was 3 payable to the petitioner at the time of his retirement, he was deprived of the opportunity to utilize or invest those funds to accrue interest. Taking into consideration the facts and circumstances of the case, this Court hereby imposes 9% interest per annum on the gratuity amount. Said interest shall be calculated from the date of the petitioner’s retirement i.e. 30.04.2017, until the date of actual payment. The respondent is directed to comply with this order and release the interest amount within a period of 60 days from the date of receipt of a copy of this order. 6. With the above observations, this writ petition is allowed to the extent indicated above. Sd/- (Sachin Singh Rajput) Judge Parul PARUL MITTAL Digitally signed by PARUL MITTAL Date: 2026.02.25 11:01:22 +0530