NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR HIFZURRAHMAN ANSARI WPS No. 5972 of 2021 HIFZURRAHMAN ANSARI 1 - Kant Kumar Sonwani S/o Lt. Shri Jewanlal Aged About 62 Years R/o Kunti Kunj, Ward Date: 2026.03.16 No. 3, Mahadeo Ghat, Jagdalpur, District Bastar (C.G.), District : Bastar(Jagdalpur), 12:12:04 +0530 Chhattisgarh ... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralay Mahanadi Bhawan, New Raipur, Distt, Raipur (C.G.), District : Raipur, Chhattisgarh

2 - District Education Officer Jagdalpur, District Bastar (C.G.), District : Bastar(Jagdalpur), Chhattisgarh

3 - Principal Government Higher Secondary, Sirisguda, District Bastar (C.G.), District :

Bastar(Jagdalpur), Chhattisgarh ... Respondent(s)

For Petitioner(s) : Mr. Anuroop Panda, Advocate For Respondent(s) : Mr. Suyash Dhar Badgaiya, GA Hon'ble Shri Justice Sachin Singh Rajput

Order On Board

11.03.2026

1. The petitioner has filed this writ petition seeking for the following relief(s);

“i. That, this Hon'ble Court may kindly direct the respondent authority to pass appropriate orders for the quantification of the retiral dues, (pension, gratuity and any other ancillary dues) and the respondent authority be directed to release the retiral dues to the petitioner in the light of representation (Annexure P/1 &

ANNEXURE P/3).

ii. To kindly pass any other order which this Hon'ble Court may be deemed fit and just in the facts and circumstances of the case including awarding of the costs to the petitioner.”

2. Learned counsel for the petitioner submits that the petitioner who was working as Principal, Higher Secondary School, Sirisguda District Bastar (C.G.) and retired from service on 30.06.2021 upon attaining the age of superannuation. It is submitted that since his retiral dues were not paid, the present writ petition has been filed seeking the aforesaid reliefs. Learned counsel further submits that during the pendency of the writ petition, except for 10% of the pension and gratuity the remaining retiral dues have been paid to the petitioner. It is contended that no recovery order has been issued for withholding such retiral dues nor has any departmental enquiry been initiated against the petitioner. Therefore, the respondents may be directed to release the remaining amount of pension and gratuity to the petitioner.

3. Learned counsel appearing for the State opposes the submissions and submits that during the course of an audit certain objections were raised in respect of the petitioner during his service tenure and on account of the said audit objections, the aforesaid retiral dues were withheld.

4. Heard the learned counsel for the parties and perused the record.

5. This Court, on various occasions directed the respondents to redress the grievance of the petitioner by supplying the relevant documents which led to the withholding of the aforesaid retiral dues. However, it appears that the grievance of the petitioner has not been redressed. From the record, it does not appear that any departmental enquiry was initiated against the petitioner either during his service tenure or thereafter, nor was any recovery order issued against him. The present writ petition was filed in the year 2021 and till date the petitioner has not been paid the entire retiral dues as stated above. This Court is not impressed with the submission of the learned counsel for the respondents/State that certain audit objections exist particularly when no substantial document has been placed on record to indicate that any monetary loss was caused due to any act or omission on the part of the petitioner.

6. Accordingly, this Court is inclined to allow the present writ petition. The respondents are directed to pay the arrears of the 10% withheld pension and to release the entire pensionary benefits including the amount of gratuity within a period of 60 days from the date of receipt of a copy of this order. Failing which, the said amount shall carry interest at the