R SH AV A I NKAR DsRSM i HA ig A gnVAN iteIN a D dl K A by AV y RI MANDAVID21+ 09 a 0 2: t 52 e6 35 :. 0 0:049.23 2026:CGHC:17657 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1052 of 2025

1 - Yogram Lahre S/o Late Bhagauram Lahre Aged About 67 Years Retired Principal, R/o Village Kosir, Tahsil Sarangarh, District Sarangarh-Bilaigarh Chhattisgarh ... Petitioner versus

1 - The State Of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhawan, Atal Nagar, Naya Raipur District Raipur Chhattisgarh

2 - Director Directorate Of Chhattisgarh Public Instruction, Indravati Bhawan Second Block, Atal Nagar, Raipur, District Raipur Chhattisgarh

3 - Joint Director Education Division, Raipur, District Raipur Chhattisgarh

4 - Joint Director Treasury Account And Pension Bilaspur, District Bilaspur Chhattisgarh

5 - Accountant General Treasury Account And Pension Zero Point Vidhan Sabha Road, Raipur District Raipur Chhattisgarh

6 - District Education Officer, Sarangarh District Sarangarh-Bilaigarh Chhattisgarh

7 - District Education Officer, Mahasamund District Mahasamund Chhattisgarh ... Respondent(s)

(Cause title is taken from CIS)

For Petitioner : Mr. Vinod Kumar Sharma, Advocate For Respondents-State : Mr. Aditya Tiwari, Panel Lawyer For Respondent No.5 : Mr. Raj Kumar Gupta, Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge

Order on Board

17/04/2026

1. Petitioner has filed this writ petition seeking following reliefs:-

“10.1. That, this Hon’ble Court may kindly be pleased to direct respondent authorities to release withheld dues amoutn as such gratuity, leave encashment, arrears of 7^th Pay, GPF, with interest and also to issue direction to the respondent authorities to finalize pension within stipulated time, in the interest of justice.

10.2. Any other relief which may be suitable in the facts and circumstances of the case may also be granted.”

2. Learned counsel for the petitioner submit that petitioner was working on the post of Principal and retired from the service on 29.02.2020 on attaining age of superannuation. He contended that after retirement of the petitioner he has not been paid retiral dues immediately on the ground that one departmental enquiry was initiated against the petitioner pursuant of which charge memo was issued on 15.01.2019. Even after lapse of long time his retirement retiral dues has not been paid. He submits that enquiry proceedings even after lapse of more than 5 years have not been complied and no orders has been passed on the enquiry initiated against the petitioner and therefore the petitioner is entitled for all withheld retiral dues under rule 9(4) of Chhattisgarh Civil Services (Pension) Rules, 1976 (for short, “the Rules of 1976”). Referring to proviso to Rule 9(4) of the Rules of 1976, it is submitted that in the event departmental enquiry proceedings are not completed within a period of 2 years from the date of institution, the entire amount of pension so withheld stand restored on the expiration of the aforesaid period of 2 years. As petitioner stood retired in the month of Feb., 2020 and from that, date about 6 years have been lapsed and therefore, under the pension rules, petitioner is entitled for entire withheld amount of pension.

3. Counsel for the respondent-State would oppose the submission of counsel for petitioner and he would submit that petitioner is being paid 75% of anticipated pension owing to the pendency of the departmental enquiry. He also contended that amount of GPF & GIS has been paid to the petitioner. He submits that the enquiry initiated against the petitioner as of now has been completed and it has been forwarded and proceedings has been initiated to take opinion of Public Service Commission on the enquiry report submitted by the enquiry officer. Final order should be passed immediately after receipt of opinion of Public Service Commission.

4. Counsel for the respondent No.5 would submit that as of now grievance of the petitioner is against the respondent-State.

5.