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2026 Supreme(Online)(Chh) 10034
HIGH COURT OF CHHATTISGARH AT BILASPUR
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WPS No. 7986 of 2023
Judgment Reserved On : 10.02.2026
Judgment Delivered On : 02.04.2026
Sylverius Barwa S/o. Shri Anthres Barwa, Aged About 66 Years R/o. Ward No.3, Imlibhata Mahasamund, District - Mahasamund, Chhattisgarh.
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through - The Secretary, Higher Education Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, Atal Nagar, District - Raipur, Chhattisgarh.
2 - The Director Treasury Account And Pension Raipur Division, District - Raipur, Chhattisgarh.
3 - The Additional Director, Higher Education Directorate Block -3, 2nd & 3rd Floor, Indravati Bhawan, Naya Raipur, District - Raipur, Chhattisgarh.
4 - The Commissioner, Higher Education Department, Block -3, 2nd & 3rd Floor, Indravati Bhawan, Naya Raipur, District - Raipur, Chhattisgarh.
5 - The Principal Government Mahaprabhu Vallabhacharya Postgraduate College, Mahasamund, District - Mahasamund, Chhattisgarh.
... Respondent(s)
For Petitioner(s) : Mr. Prafull Bharat, Senior Advocate with Mr.Keshav Dewangan, Advocate
For Respondent(s) : Mr. Dilman Rati Minj, Dy. AG
S B: Hon’ble Mr. Justice Amitendra Kishore Prasad
Sd/-
(Amitendra Kishore Prasad)
Judge
Shyna Ajay
HEAD NOTE
WPS No. 7986 of 2023
Under Rule 9 of the Pension Rules, departmental proceedings cannot be legally initiated against a pensioner after superannuation, for events that occurred more than four years prior to such initiation.
(Cause Title downloaded from CIS Periphery)
C A V Order
1. By way of this petition, the petitioner seeks to challenge the order dated 7.12.2022 (Annexure P/1), whereby the Additional Director, Directorate of Higher Education, Raipur, directed the recovery of a sum of Rs.6,75,288/- from the gratuity of the petitioner. The petition further challenges the impugned order dated 08.12.2022 (Annexure P/2), issued by Respondent No.5 in compliance with the aforementioned order, sanctioning the said deduction. Further, the petitioner seeks to set aside the order dated 10.12.2022 (Annexure P/3), under which the recovery of Rs.6,75,288/- was formally effected by Respondent No.5.
2. The petitioner has prayed for the following reliefs in the petition :
10.1 To call for the records of the case for kind perusal of this Hon’ble Court.
10.2 To issue an appropriate writ or order and declare that the order dated 07.12.2022 (Annexure P- 1), 8.12.22 (Annexure P- 2) & 10.12.22 (Annexure P-3) are illegal, bad in law and without jurisdiction.
10.3 To issue an appropriate writ or order and quash the order dated 07.12.22 (Annexure P-1), 08.12.22 (Annexure P-2) & 10.12.22 (Annexure P-3).
10.4 To issue an appropriate writ or order and direct the respondents to disburse the illegally withheld gratuity of Rs.6,75,288/- along with interest @ 18%per annum.
10.5 To issue an appropriate writ or order and direct for initiation of penal proceedings against res.no.3 & 5 for non compliance of mandatory requirement of Gratuity Act.
10.6 Any other relief deemed fit in the facts and circumstances of the case may also be granted.
3. Necessary facts of the case are that the petitioner was working as an Assistant Professor at Government Mahaprabhu Vallabhacharya Postgraduate College, Mahasamund. During his tenure, consequent to the demise of the then Librarian in the year 1996, the petitioner was assigned additional charge of the library as a stop-gap arrangement. However, at the time of such assignment, no formal process of “handing over” or “taking over” of library records was conducted nor was joint physical verification of the library inventory performed. During such period, several other Professors were also igiven charge of the library, further obscuring the chain of responsibility. Meanwhile, one Ashok Das, Book Lifter, who was then handling the physical custody of the library, got transferred. On 16.9.2010, one Suraj Ram Rate was posted in the said College as regular Librarian. Thereafter In- charge Principal Dr. Jaya Thakur, Professor (Department of Social Science) directed Suraj Ram Ratre to assume formal charge of the library. However, this transition was again done without a verified baseline of existing stock. The petitioner superannuated on 30.6.2021 and at that point of time, the respondents issued a ‘No Enquiry No Case’ Certificate. Thereafter, when the petitioner made a prayer for release of his retiral dues, he was served with a show cause notice regarding alleged missing books. Thereafter, a Committee was constituted which submitted a report stating that 12,368 nos. of books, valued at Rs.13,50,576/ were found missing. Despite the petitioner’s numerous representations, his dues remained unpaid, prompting him to file WPS No.6554/2022. This Court vide order 18.10.2022 disposed of the said writ petition with a direction to the respondent authorities to conclude the enquiry and decide the representation of the petitioner. In view of the above order, the pension and other retiral dues were paid but the gratuity of the petitioner was withheld. Hence, this petition.
4. Learned counsel for the petitioner would submit that the deduction is per se illegal, as no sanction under Rule 9 of the MP (CG) Civil Services (Pension) Rules, 1976 (in short “the Rules, 1976”), was ever obtained. He submits that the since the petitioner was not terminated from services on the grounds of grave misconduct or gross negligence, his gratuity cannot b
