Digitally signed YOGESH by YOGESH TIWARI TIWARI Date: 2025.12.08

18:06:57 +0530

2025:CGHC:59292 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 9126 of 2023

1 - Shakuntala Agrawal, W/o R.J. Agrawal Aged About 77 Years R/o 2/5, Nehru Nagar West, Opposite Gurudwara, Bhilai, 490022, Durg (C.G.)

2 - Sanjay Agrawal S/o R.J. Agrawal Aged About 51 Years R/o 2/5, Nehru Nagar, West Opposite Gurudwara, Bhilai, 490022, Durg (C.G.)

... Petitioners versus

1 - State Of Chhattisgarh Through Secretary Water Resource Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur (C.G.)

2 - State Of Chhattisgarh Through Chief Engineer Godavari Kachhar, Raipur, District Raipur (C.G.)

3 - Pension Redressal Committee General Administrative Department, Mahanadi Bhawan, Nawa Raipur (C.G.)

4 - State Of M.P. Through Principal Secretary Water Resource Department, Ballabh Bhawan, Bhopal (M.P.)

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

For Petitioners : Mr. Pawan Kesharwani, Advocate For State/Respondents : Mr. Dashrath Prajapati, Panel Lawyer No.1 to 3 For Respondent No.4 : Ms. Deblina Maity, Advocate Hon’ble Shri Amitendra Kishore Prasad, Judge

Order on Board

05.12.2025

1. The petitioners have filed this petition with the following reliefs :-

“10.1. The Hon'ble Court may kindly be pleased to call for the entire record pertaining to the case of the petitioner.

10.2. This Hon'ble Court may be pleased to award interest at the rate of 18% P.A. on the sum total of Retiral Dues which amounts to Rs.26.61,545/- from 11.2003 till the date of actual payment.

10.3. Any other relief, which this Hon'ble Court may deems fit and proper may also be awarded to the petitioner.”

2. Brief facts of the case in a nutshell are that petitioner No. 1 is the wife, and petitioner No. 2 is the son of Shri R.J. Agrawal, who was posted as Executive Engineer in the Department of Water Resources since 1960. During his service, certain allegations regarding irregularities in expenditure on the muster roll arose at Tandula, Water Resources Division, Durg, in April 1994. Consequently, Shri R.J. Agrawal was suspended from his post on 07.10.1994. He was reinstated on 01.05.1995, with a note that regularization of the suspension period would be considered after the departmental inquiry was resolved. Shri R.J. Agrawal retired on 31.07.1995 upon attaining superannuation, while the departmental inquiry remained pending. As no disciplinary order was ever passed, the suspension period from 07.10.1994 to

01.05.1995 could not be regularized.

3. Subsequently, on 08.03.2019, the Secretary, Water Resources Department, Chhattisgarh, issued an order closing the pending departmental inquiry against the late Shri R.J. Agrawal on the ground that it could not be completed for over 23 years, and directed that the suspension period be treated as ‘in service for all purposes, except salary.

4. Thereafter, petitioner No. 1 submitted a representation before the Lok Ayog, Chhattisgarh, on 18.10.2022. When no action was taken, the petitioners filed Writ Petition No. 9114/2022, which was disposed of on 20.12.2022, directing the respondents to consider the representation within three months. As no action was taken within the stipulated period, the petitioners filed Contempt Case (C) No. 423/2023. During its pendency, the representation was disposed of vide order dated 09.06.2023 by the Under Secretary, Water Resources Department, Chhattisgarh, and the arrears of retiral dues were addressed to petitioner No. 1 by Respondent No. 3 vide letter dated 27.07.2023, without including interest.

5. Since the pension amount, which had been pending since 2003, was paid only in 2023, the petitioners are entitled to receive interest on the delayed retiral dues. The petitioners are thus aggrieved by the order dated 09.06.2023 and the letter dated 27.07.2023 issued by the GAD (Pension), withholding the full retiral benefits legally due to them.

6. Learned counsel for the petitioners submits that the respondents have completely failed