Extracted from the PDF above. The PDF is authoritative.
1
2026:CGHC:12733
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5650 of 2024 1 - Pratap Singh Rajput S/o. Shri Umendra Singh Rajput Aged About 63 Years Retired Assistant Revenue Inspector, Nagar Panchayat-Saragaon, District - Janjgir- Champa (C.G.)
... Petitioner Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District - Raipur (C.G.) 2 - Director, Directorate Of Urban Administration And Development Block-04, 4th Floor, Indrawati Bhawan, Nawa Raipur, Atal Nagar, District - Raipur (C.G.) 3 - Deputy Director (Pension) Directorate Of Urban Administration And Development, Block-04, 4th Floor, Indrawati Bhawan, Nawa Raipur, Atal Nagar, District - Raipur (C.G.) 4 - Joint Director Regional Office, Urban Administration And Development, Bilaspur, District - Bilaspur (C.G.) 5 - Chief Municipal Officer Nagar Panchayat-Saragaon, District - Janjgir-Champa (C.G.) 6 - Regional Commissioner Employee Provident Fund Organization (Regional Office), Block-D, Scheme No. 32, Indira Gandhi Vyavsayik Parisar, Pandri, Raipur, District - Raipur (C.G.)
... Respondents For Petitioner : Mr. Pawan Shrivastava, Advocate For Respondents-State : Mr. Aditya Tiwari, Panel Lawyer
2 For Respondent No. 5 : Mr. Shikhar Shukla, Advocate For Respondent No.6 : Mr. Anil S. Pandey, Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge
ORDER ON BOARD 17/03
/2026
1. Petitioners has filed this writ petition seeking following reliefs:-
“10.1 That, the Hon'ble Court may kindly be pleased to call the entire records relating to the case of the Petitioner. 10.2 That, Hon'ble Court may kindly be pleased to direct the Respondents to revise the all pensionary benefits of petitioner on the basis of qualifying service after calculating his entire service period i.e. from the initial date of appointment of petitioner i.e. 17.11.1980 within a period of 30 days. 10.3 That, Hon'ble Court may kindly be pleased to direct the Respondents to grant and release revised pensionary benefits after calculating his entire service period from initial date of appointment of petitioner as his qualifying service for pensionary benefits with 12% interest, within a period of 30 days. 10.4 Any other relief which Hon’ble Court deems fit and proper in the facts and circumstances of the case and cost of the petition.”
2. Learned counsel for the petitioner submits that the petitioner was appointed on 17.11.1980 and regularized on 31.03.1981 to the post of Conductor in Madhya Pradesh State Road Transport Corporation (MPSRTC) and from the date of appointment. He became the member of the employees provident fund under the Employees Provident Fund Scheme, 1952. After reorganization of the State of Madhya Pradesh and the carving out of State of Chhattisgarh, the MPSRTC has been abolished in State of Chhattisgarh and therefore, the petitioner was posted with the Chhattisgarh Infrastructure Development Corporation. Petitioner was sent on deputation to the Urban Administration and Development Department as Assistant Revenue Inspector and subsequently, on 20.06.2014,
3 services of the petitioner has been absorbed by the Nagar Panchayat, Saragaon vide order dated 06.02.2014. 3. Learned counsel for the petitioner submits that upon absorption of services by the Nagar Panchayat Saragaon, petitioner was transferred to Nagar Panchayat Adbhar from where, petitioner stood retired after attaining the age of superannuation on 31.03.2023. After retirement of the petitioner, retiral dues was paid to the petitioner, however, the services of petitioner has been taken into consideration from 01.02.1997 and not from the date of his initial appointment. Petitioner has made several representations one such representation placed by the petitioner before the Respondent No. 6 is vide letter dated 29.01.2026.
Petitioner intimated his employer i.e. the Nagar Panchayat Saragaon that the date of initial appointment of the petitioner is 01.07.1981 and have requested for computing pension and other benefits of the petitioner treating the services of the petitioner from 01.07.1981, however, till date no decision has been taken. 4. He further submits that in the letter written by the Respondent No. 6 dated 29.01.2026, acknowledged services of the petitioner from 01.07.1981 and hence, direction be issued to the Respondents No. 3 to 5 to consider and take decision on the claim of petitioner in light of the letter dated 29.01.2026 issued by the Respondent No. 6. 5. On the other hand, learned counsel for the Respondent No. 6 do not dispute the submission of counsel for the petitioner with regard to the issuance of letter dated 29.01.2026 based on the contents as mentioned therein. He further submits that as the petitioner was the employee of the Respondent No. 5, therefore, the letter was sent to the Respondent No. 5. 6. Learned counsel for the Respondent No. 5 would submit that the petitioner stood retired from Nagar Panchayat Adbhar which has not been
4 impleaded as party, however he do not dispute the submission of counsel for petitioner that petitioner’s services were absorbed by the Nagar Panchayat Saragaon and he was an employee of Nagar Panchayat Saragaon, till he attained the age of superannuation. 7. I have heard learned counsel for the parties and perused the documents placed on record. 8.
On due consideration of the submission of counsel for the respective parties, facts and circumstances of the case, nature of grievance raised by the petitioner in particular the dispute with regard to the date of appointment which has been entered by the Respondent No. 6 based on their documents, have also written to the Respondent No. 5 mentioning that the first date of appointment of the petitioner was 01.07.1981 and further requested to compute the retiral benefits of the petitionerl, this writ petition at this stage is disposed of directing the Respondents No. 3 to 5 to consider the claim of petitioner in light of the letter dated 24.01.2025 issued by the Employees Provident Fund Organization (Respondent No. 6) expeditiously, preferably within a period of 03 months from the date of receipt of order. However, petitioner will be at liberty to place the order passed by this Court before the Respondents No. 3 to 5 along with covering letter. 9. With the aforesaid observation and direction, this writ petition stands
disposed of. Sd/- (Parth Prateem Sahu) Judge Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY