Order on Board

1. By filing the present petition under Article 226 of the Constitution of India, the petitioner seeks issuance of an appropriate writ, order or direction against the respondents for their inaction in not releasing the retiral benefits, particularly gratuity and pension, despite the petitioner having superannuated from the post of Professor (Physics) on 31.03.2023. The petitioner has prayed for following relief(s) :-

“1. Hon'ble Court may be kind and gracious enough to call for the records of the case from the respondents.

2. Hon'ble Court may be kind be pleased to direct the respondents by issuance of writ of mandamus or any other writ/writs, order/orders or direction/directions to finalize and pay the pension of the petitioner along with interest applicable and admissible.

3. Hon'ble Court may be kind be pleased to direct the respondents by issuance of writ of mandamus or any other writ/writs, order/orders or direction/directions to finalize and pay the gratuity of the petitioner along with interest applicable and admissible.

4. Any other relief/relief's which Hon'ble court may deem fit in the facts and circumstances of the instant case.”

2. Learned counsel for the petitioner submits that the petitioner, who served as Professor (Physics) under the respondent department, superannuated on 31.03.2023, however, despite completion of more than a considerable period, the respondents have failed to finalize the pension and release the gratuity, which is wholly arbitrary and contrary to the provisions of the Chhattisgarh Pension Rules, 1976. It is further submitted that as per the statutory mandate, the pension is required to be finalized prior to retirement and is payable from the very next month following superannuation, and gratuity is also liable to be released immediately thereafter; however, in the present case, the respondents have failed to adhere to the said mandatory provisions without any justifiable reason.

3. Learned counsel further submits that the petitioner had earlier approached this Court in WP(S) No. 362/2009 with regard to grant of advance increments, pursuant to which liberty was granted to file a representation and thereafter, by order dated 16.02.2010, the petitioner was extended the benefit of such increments, which were duly taken into account in subsequent pay revisions, and therefore, there is no dispute whatsoever regarding the service conditions or pay fixation of the petitioner. It is also submitted that prior to retirement, all necessary steps for finalization of retiral dues were undertaken by the department, including forwarding of the service book to the competent authority, issuance of No Dues Certificate, and No Inquiry/No Event Certificates, and despite repeated communications and reminders by the respondent No.3 to respondent No.4 for return and approval of the service book, the same has not been processed, resulting in delay attributable solely to the respondents. Learned counsel contends that presently the petitioner is being paid only anticipatory pension and the gratuity amount has not been released at all, despite there being no legal impediment, and such inaction on the part of the respondents is violative of the statutory rules as well as settled principles of law, thereby entitling the petitioner for appropriate directions from this Court for immediate finalization of pension and payment of gratuity along with consequential benefits.

4. On the other hand, learned State counsel opposes the submissions made on behalf of the petitioner and submits that there has been no deliberate inaction on the part of the respondents and the matter relating to finalization of pension and payment of gratuity is under active consideration. It is submitted that certain issues arose with regard to verification of the petitioner’s pay fixation, particularly in light of grant of advance increments under the Family Welfare Programme, which required clarification and approval from