IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
W.P. (S) No. _____ of 2026
Sri Mohan Lal, S/o Shri Ramesh Lal, aged about 62 years, retired Senior Assistant, resident of Quarter No. B-4, Ravigram, Bilaspur (C.G.) … Petitioner
Versus
- State of Chhattisgarh, through the Secretary, Department of Education, Mantralaya, Naya Raipur (C.G.)
- Director, Public Instruction, Raipur (C.G.)
- District Education Officer, Bilaspur (C.G.) … Respondents
Synopsis
The present writ petition is filed under Article 226 of the Constitution of India seeking a direction to the respondents to release the petitioner's withheld pensionary benefits, including arrears of leave encashment and gratuity, in accordance with the Chhattisgarh Civil Services (Pension) Rules, 1976.
Grounds
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The petitioner superannuated from service on 31.05.2024 after rendering 38 years of unblemished service. Despite repeated representations, the respondents have failed to settle the petitioner's pensionary dues.
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The action of the respondents is arbitrary and violative of Articles 14 and 16 of the Constitution of India. Pension is not a bounty but a vested right earned through years of service [VERIFY: D.S. Nakara v. Union of India, (1983) 1 SCC 305].
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The petitioner has exhausted all departmental remedies. Representations dated 12.06.2024, 18.08.2024 and 24.10.2024 remain unanswered.
Prayer
It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to: (i) Issue a writ in the nature of mandamus directing the respondents to release the petitioner's pensionary dues forthwith with interest at 9% p.a. from the date due; (ii) Pass such other order as this Hon'ble Court may deem fit and proper.