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2026 Supreme(Online)(Chh) 11941

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJESH KUMAR PASINE – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
WPS/7904/2023



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Digitally 2026:CGHC:14127 signed by YOGESH YOGESH TIWARI NAFR TIWARI Date:

2026.03.25

18:19:04 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR

WPS No. 7904 of 2023

Rajesh Kumar Pasine S/o. Late Narendra Kumar Pasine, Aged About 62 Years Occupation- Lecturer Posted At District Institute of Education

And Training, Distt. Korba (Chhattisgarh)

... Petitioner versus

1 - State of Chhattisgarh Through The Director, Treasury Accounts And Pension Bilaspur, District Bilaspur (Chhattisgarh)

2 - Joint Director, Treasury Accounts And Pension Bilaspur, Distt. Bi-

laspur (Chhattisgarh)

3 - District Education Officer, Korba, Distt. Korba (Chhattisgarh)

4 - Principal, District Institute Of Education And Training, Distt. Korba (Chhattisgarh)

... Respondents (Cause-title taken from Case Information System)

For Petitioner : Mr. Awadh Tripathi, Advocate For State/Respondents : Mr. Ujjawal Choubey, Panel Lawyer

Hon’ble Shri Amitendra Kishore Prasad, Judge

Order on Board

24.03.2026

1 By filing the present petition, the petitioner has assailed the

arbitrary and unjustified action of respondent No.2, which is not directed against any specific order but pertains to the inaction and

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objection raised by respondent No.2 at the verge of the petitioner’s retirement. It is alleged that just prior to the retirement of the petitioner, respondent No.2 has raised an objection requiring production of a Government circular concerning grant of increment upon acquiring M.Ed. qualification at one’s own expense, despite the fact that the petitioner had already been granted two increments since 2018 after duly obtaining permission from the department to pursue and pass the M.Ed. examination at his own

expense. The petitioner has prayed for following relief(s) :-

“10.1 That, this Hon'ble Court may kindly be pleased to allow the petition and quash the objection on the part of the respondent in the

service book of the petitioner.

10.2 That, the respondent may also be directed to certify the two advance increments in the service book of the petitioner which he has been getting since 2016, so that the petitioner will get the benefit of the aforesaid two advance

increments in his pension case.

10.3 Any other relief, which may deem fit and proper in the facts and circumstances of the

case, may also be allowed.”

2 Learned counsel for the petitioner submits that the petitioner was

duly appointed on 30.06.1986, at the relevant time under the erstwhile State of Madhya Pradesh, and has rendered long, unblemished service without any adverse remark, recovery, or departmental proceedings throughout his career. It is further

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submitted that after obtaining due permission from the competent department vide communication dated 11.07.2012, the petitioner pursued and successfully completed his M.Ed. degree in the year 2016 at his own expense. In terms of the applicable Government circular dated 16.02.1999 (Annexure P/4), which provides for grant of two advance increments to employees acquiring higher educational qualification at their own expense with prior permission, the petitioner was rightly granted two increments vide order dated 25.04.2018, and the same has been duly recorded in

his service book.

3 Learned counsel further submits that respondent No.4, taking note

of the petitioner’s impending retirement and the fact that he had already been sanctioned two advance increments w.e.f. 17.02.2016, forwarded the service book along with relevant records to respondent No.2 for verification and certification. However, instead of performing the ministerial act of verification, respondent No.2 has arbitrarily raised an objection seeking production of the very Government circular dated 16.02.1999 (Annexure P/4), which already forms part of the record and on the basis of which increments were granted earlier. It is contended that such objection is wholly unjustified, mechanical, and contrary to the existing record, particularly when the entitlement of the petitioner has already been recognized a

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