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2026 Supreme(Online)(Chh) 9122

HIGH COURT OF CHHATTISGARH AT BILASPUR


2026:CGHC:16690


NAFR


PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA


WPS No. 2035 of 2025


Mahesh Kumar Dheewar S/o Late Siyaram Dheewar Aged About 62 Years


R/o Village- Tarra, Tahsil- Raipur, District- Raipur (C.G.)


... Petitioner(s)


Versus


1 - State Of Chhattisgarh Through The Secretary, Health And Family Welfare And Medical Education Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District- Raipur, Chhattisgarh


2 - Under Secretary Medical Education Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District- Raipur, Chhattisgarh


3 - Director Directorate Of Medical Education, North Block, Sector-19, Swasth Bhawan, 2nd Floor, Nawa Raipur, Atal Nagar, Raipur, District- Raipur, Chhattisgarh


4 - Government Physiotherapy College Raipur, Through Its Principal, District- Raipur (C.G.)


... Respondent(s)


For Petitioner : Mr. Animesh Verma, Advocate For Respondents : Mr. Hari Om Rai, P.L.


HON'BLE SHRI PARTH PRATEEM SAHU, JUDGE


10.04.2026

ORDER ON BOARD

1. The petitioner has filed this writ petition seeking following reliefs:

10.1) The Hon'ble Court may kindly be pleased to direct the respondent authority to release the full pension to the petitioner.

10.2) The Hon'ble Court may kindly be pleased to direct the respondent authority to grant gratuity and arrears to the petitioner with interest.

10.3) Any other relief which this Hon'ble Court deems fit and proper may also kindly be granted to the petitioner, in the interest of justice.

2. Counsel for the petitioner at the outset submits that petitioner was paid the amount due towards GPF and Leave Encashment, however other retiral dues ie., pension and gratuity is not being paid. It is submitted by counsel for the petitioner that the petitioner who was working as Administrative Officer in Government Physiotherapy College Raipur, after attaining the age of superannuation retired from service w.e.f. 31.07.2024 and since then the petitioner is not being paid the pension as also the amount of gratuity. Petitioner had approached the authorities earlier by way of submitting representation, however, no decision has been taken on the representation and therefore, this writ petition is filed. It is contention of counsel for the petitioner that from the reply which is submitted by the respondent-State it came to know that petitioner had not submitted some relevant documents. Petitioner thereafter had obtained some of the documents under the Right to Information Act, which includes no demand certificate, no enquiry certificate and no event certificates. The certificate is issued under RTI Act to the petitioner and from the contents of the certificate it appears that the certificate is counter signed by the Commissioner, Director of Medical Education and it is under the signature of the Principal, Government Physiotherapy College. He contended that the respondent No. 1- Secretary has written a letter to the Commissioner, Medical Education to disburse the 90% of the Gratuity Amount which too is not being paid.

3. Counsel for the respondent-State submits that in the reply, plea is taken that petitioner even after demand by the concerned authority has not submitted the relevant document i.e. no enquiry, no event and no demand certificate, getting it countersigned by the appropriate authority. He submits that as soon as the formality is completed by the petitioner, the amount would be disbursed, as pleaded in the reply.

4. I have heard counsel for the parties.

5. The petitioner before this Court has placed on record the documents like no demand certificate, no enquiry certificate and no event certificate which is received by him under Right to Information Act on 03.03.2025. The document is countersigned by the Commissioner, Director of Medical Education and is issued under the signature of the Principal of the concerned college. Before this Court also counsel for the petitioner has filed it along with the covering memo dated 10.04.2026.

6. Considering the facts and circumstances of the case, the nature of grievance raised and further according to submissions made by counsel for the State based on the pleadings made in the reply, it is apparent that the amount of gratuity and pension could not be disbursed to petitioner for want of the relevant documents. The petitioner has submitted the relevant documents as mentioned in the reply before this Court in the instant proceedings by way of covering memo. In the facts of the case, this writ petition is disposed of directing learned counsel for the State to forward the covering memo along with all relevant documents to the respondent-department within a period of one week and after receipt of the relevant documents, the concerned authorities shall thereafter process the claim of the payment of the pension and the gratuity to the petitioner, expeditiously within further 15 days thereafter. Petitioner will also be at liberty to submit aforemen

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