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2025 Supreme(Online)(Chh) 19161

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
DR. J. L. BHARADWAJ – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
WPS/214/2023



Digitally signed by SHAYNA KADRI NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Reserved for orders on : 29.10.2025 Order passed on : 21.11.2025 WPS No. 214 of 2023

1 - Dr. J. L. Bharadwaj S/o Late Shri Rungoo Ram Bharadwaj Aged About 74 Years Retired Professor, Department Of Economics, Pt. Ravi Shankar Shukla University Raipur R/o House No. E-109, Devendra Nagar, Sector - 1, Raipur, District : Raipur, Chhattisgarh ... Petitioner(s)

versus

1 - State Of Chhattisgarh Through Secretary Higher Education Department, Mahanadi Bhawan Mantralaya, Atal Nagar Naya Raipur, District : Raipur, Chhattisgarh

2 - Commissioner- Higher Education Director Of Higher Education Block - C-30, Second And Third Floor, Indrawati Bhawan, Atal Nagar, Nawa Raipur, District :

Raipur, Chhattisgarh

3 - Pt. Ravi Shankar Shukla University Through The Registrar, Raipur, District :

Raipur, Chhattisgarh ... Respondent(s)

(Cause-title is taken from Case Information System)

For Petitioner : Mr. Jitendra Nath Nande, Advocate For State : Mr. Devesh G. Kela, Panel Lawyer For Resp. No. 3 : Mr. Neeraj Choubey, Advocate SB- Hon'ble Shri Justice Amitendra Kishore Prasad C.A.V. Order

1. The present petition has been filed challenging the arbitrary and discriminatory inaction of the respondent Authorities in not reckoning the previous service rendered by petitioner in various Government Colleges under the Higher Education Department from 06.09.1974 to 02.05.1988 for computation of retiral benefits. The petitioner further seeks appropriate directions for re-fixation of pension and gratuity in accordance with the VIth and VIIth Pay Commission revisions and for payment of consequential arrears. The impugned inaction has resulted in substantial financial loss to the petitioner and is alleged to be unjust, arbitrary, and violative of Article 14 of the Constitution of India. The petitioner has prayed for following reliefs by way of this writ petition :-

“10.1 The Hon'ble Court may kindly be pleased to issue a writ of mandamus by directing the respondent authorities to computing the initial Government Service of the Petitioner from 06-09-1974 to 02-05- 1988 (Total 13 Years 07 Months 26 Days) for pensionary benefits and other consequential benefits. 10.2 The Hon'ble Court may kindly be pleased to issue a writ of mandamus by directing the respondent authorities for fixation of full pension and gratuity of the petitioner as soon as possible by counting the entire service period of the petitioner rendered by him in Higher Education Department with effect from date of retirement of petitioner along with the interest and remaining gratuity amount of Rupees 6.50 Lakh may be paid with interest.

10.3 The Hon'ble Court may kindly be pleased to issue a writ of mandamus by directing the respondent authorities for payment the remaining Gratuity and pension arrears amount for the period 01-01-2011 to 31-12-2015 according to VIth pay scale alongwith interest.

10.4 The Hon'ble Court may kindly be pleased to issue a writ of mandamus by directing the respondent authorities for payment the remaining Gratuity and pension arrears amount for the period of 01-01-2016 to 31-03-2018 according to VIIth pay scale alongwith interest.

10.5 Any other relief/relief's which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case with cost of the petition may also be granted to the petitioner, in the interest of justice.”

2. Facts of the case, in a nutshell, are that the petitioner holds a Bachelor’s Degree in Arts with a Gold Medal from Pt. Ravishankar Shukla University, Raipur. He further obtained his Master’s Degree in Arts, again with a Gold Medal, from the same University in the year 1971 and was subsequently awarded the Ph.D. Degree in 1985 from Pt. Ravishankar Shukla University, Raipur. The petitioner commenced his career in public service on 06.09.1974 when he was appointed as a Lecturer in Government Girls P.G. College, Raipur, in the pay scale of Rs. 300–600. Thereafter, he was promoted an

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