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2026 DAILYLAW 84 (CHH)

MOHAMMAD AFAQUE KURESHI v. STATE OF CHHATTISGARH

WPS/1665/2026 · 2026-02-10

Shri Parth Prateem Sahu

body2026

Judgment text

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1 2026:CGHC:7618 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1665 of 2026 1 - Mohammad Afaque Kureshi S/o Late Sheikh Abdulla Aged About 63 Years (Retired Assistant Revenue Inspector), Resident Of Takiya Para, Ward No. 8, Durg, District Durg (C.G.) ... Petitioner Versus 1 - State Of Chhattisgarh Through- The Secretary, Department Of Urban Administration, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2 - Director Directorate, Urban Administration Department, Indrawati Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 3 - Deputy Director Pension, Urban Administration Department, Indrawati Bhawan, Mantralaya, New Raipur, District Raipur (C.G.) 4 - Commissioner Municipal Corporation, Durg, District Durg (C.G.) ... Respondents For Petitioner : Mr. Praveen Dhurandhar, Advocate For Respondents/State : Mr. Gary Mukhopadhyay, Additional Advocate General For Respondent No. 4 : Mr. Dheeraj Kumar Wankhede, Advocate S.B. Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 11/02/2026 1. Petitioner has filed this writ petition seeking following reliefs. “10.1 That, the Hon’ble Court be pleased to direct the respondent authorities to make pay- 2 ment of gratuity amount to the petitioner for period of service, he rendered as Daily Wager. 10.2 That, the Hon’ble Court be pleased to di- rect the respondent authorities to decide the claim of petitioner, which is pending before the respondents in way of representation dated 09.09.2024 (Annexure P-7). 10.3 That, the Hon’ble Court be pleased to di- rect the respondent authorities to release the gratuity amount calculated by the respondent department. 10.4 That, this Hon’ble Court may kindly be pleased to grant any other relief, as it may deems fit and appropriate.” 2. Learned counsel for the petitioner submits that the petitioner is pressing this writ petition only with respect to the relief claimed on gratuity and not with respect to the pension. He submits that the petitioner may be permitted to submit a representation in light of the decision of the Hon’ble Supreme Court in the case of Netram Sahu Vs. State of Chhattisgarh reported in (2018) 5 SCC 430 and the concerned authority be directed to take decision on the representation to be submitted by the petitioner within the specified time frame. 3. On the other hand, learned counsel for the Respondents/State submits that as the petitioner is not pressing this writ petition on merits and is only seeking a direction to submit a representation in light of the decision of the Hon’ble Supreme Court in the case of Netram Sahu (supra), towards claim of gratuity, he is having no objection. He however, submits that the case of Netram Sahu (supra) is referred to larger bench of the Hon’ble Supreme Court in the case of Dhansai Sahu Vs. State of Chhattisgarh & Ors (2020) 19 SCC 808. 4. Learned counsel for petitioner submits that according to his information, case of Dhansai Sahu (supra) is pending consideration. 5. I have heard learned counsel for the respective parties and perused the documents placed on record. 3 6. Taking into consideration the facts and circumstances of the case, nature of grievance raised, submission of counsel for the respective parties, the writ petition is disposed of at this stage, permitting petitioner to submit fresh representation before the Respondents No. 2 & 4 raising all the grounds as raised in this writ petition with respect to gratuity. In the event petitioner submits representation, concerned authority shall consider and decide the same in accordance with law expeditiously, preferably within a further period of 06 months from the date of receipt of the representation. 7. Accordingly, this writ petition stands disposed of with the aforesaid observation and direction. Sd/- (Parth Prateem Sahu) Dey Judge SHUBHAM DEY Digitally signed by SHUBHAM DEY