2026:CGHC:2854 YOGESH D YO ig G it E a S ll H y s T ig IW ne A d R b I y TIWARI Date: 2026.01.16 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2476 of 2023 Anil Kumar Dubey S/o Late Shri Devi Dutta Dubey, Aged About 67 Years Superintending Engineer (Retired), R/o H. No. C-27, Sector -7 New Rajendra Nagar, Raipur, District : Raipur, Chhattisgarh ... Petitioner versus

1 - State of Chhattisgarh Through Secretary, Water Resource Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

2 - State of Chhattisgarh, Through Secretary, Tribal Welfare Development Department Mahanadi Bhawan, Mantralaya Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

3 - The Engineer-In-Chief, Mahanadi Godawari Kachhar, Water Resource Department, Government Of Chhattisgarh Atal Nagar, Raipur District Raipur Chhattisgarh.

4 - The Chief Engineer, Mahanadi Godawari Kachhar, Water Resource Department, Raipur District Raipur Chhattisgarh.

5 - The Superintending Engineer, Shivnath Mandal Durg District Durg Chhattisgarh.

6 - Deputy Commissioner, Schedule Caste, Schedule Tribe, Other Backward Class, And Minority Welfare Raipur Chhattisgarh.

7 - Joint Director, Treasury, Account And Pension, Raipur, District Raipur Chhattisgarh.

... Respondents (Cause-title taken from Case Information System)

Hon’ble Shri Amitendra Kishore Prasad, Judge

Order on Board

16.01.2026

1. The petitioner has filed this writ petition with the 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 set-aside/quash the impugned order dated 02.02.2023 issued by the office of respondent no. 1 (Annexure P-1).

10.3 This Hon'ble court may kindly be pleased to issue writ/writs, order/order, direction/ directions to the respondent authorities for settle the final pension of the petitioner and also pay the arrears of pension for delaying the final settlement.

10.4 This Hon'ble court may kindly be pleased to issue writ/writs, order/order, direction/ directions to the respondent authorities to disburse the entire amount of gratuity with interest 18% per annum.

10.5 That, this Hon'ble Court may kindly be pleased to grant any other relief, as it may deem fit.

10.6 Cost of the petition may also been given.”

2. Brief facts of the case, are that the petitioner was working as Executive Engineer (Civil) and, pursuant to the Departmental Promotion Committee meeting dated 11.09.2017, was promoted to the post of Superintending Engineer (Civil) vide order dated 16.10.2017 and posted at Shivnath Mandal, District Durg. While working on the said post, respondent No.2 issued a show-cause notice dated 08.12.2017 alleging irregularity in payment of escalation amount pertaining to October 2005 and fixing liability of Rs. 37.78 lakhs upon the petitioner. The petitioner superannuated on 31.12.2017. On receiving the notice belatedly, he submitted his explanation on 15.01.2018, stating that during the relevant period (2006–2009) the escalation bills were prepared, verified and approved by the then Deputy Engineer/Assistant Engineer, and that the petitioner, as Executive Engineer, merely forwarded the bills for payment after technical verification by the subordinate officers.

3. Without considering the petitioner’s explanation, the respondents vide order dated 02.02.2018 sanctioned only 90% provisional pension. The petitioner made a representation dated 06.02.2020 for release of full pension and gratuity, which remained undecided. Consequently, the petitioner filed W.P.(S) No.2318/2020, wherein the Court by order dated 22.06.2020 directed the respondents to decide the grievance within 90 days and to release the admissible dues thereafter. Subsequently, by letter dated 29.04.2022, the petitioner was informed about the proposed departmental enquiry and withholding of 10% pension without affording him due opportunity. The petitioner further discovered