Nafr High Court
Case Details
1 Digitally signed by NADIM MOHLE 2025:CGHC:39645 NAFR HIGH COURT of CHHATTISGARH AT BILASPUR WPS No. 7335 of 2022 Shital Katjhori W/o Rakesh Katjhori, Aged About 46 Years R/o Mig 1087 Aditya Nagar, Durg, District - Durg Chhattisgarh. --- Petitioner versus 1 - State of Chhattisgarh Through Secretary, Department of Urban Administration And Development, Mahanadi Bhawan, Atal Nagar (Nava Chhattisgarh. Raipur), Revenue And Civil District Raipur 2 - Director, Director of Urban Administration And Development, Indravati Bhawan, Atal Nagar Nava Raipur, Revenue And Civil District Raipur Chhattisgarh. 3 - Commissioner, Municipal Corporation - Raipur, District Raipur Chhattisgarh. --- Respondent(s) WPS No. 807 of 2023 1 - Kiran Sahu W/o Manoj Kumar Sahu Aged About 48 Years House No. C 1464, Mangal Dham, S.B.I. Colony, Tagore Nagar, Raipur, District - Raipur, Chhattisgarh 492001 Versus 1 - State of Chhattisgarh Through Secretary, Department of Urban Administrative And Development, Mahanadi Bhawan, Atal Nagar (Nava Raipur), Revenue And Civil District Raipur, Chhattisgarh ----- Petitioner 2 - Director Directorate of Urban Administration And Development, Indravati Bhawan, Atal Nagar (Nava Raipur), Revenue And Civil District Raipur, Chhattisgarh 2 3 - Commisssioner Municipal Corporation - Raipur, District - Raipur, Chhattisgarh --- Respondent(s) WPS No. 806 of 2023 1 - Mrityunjay Shukla S/o Late Jogeshwar Prasad Shukla Aged About 53 Years R/o 868, Kargi Chowk, Sunder Nagar Raipur, District Raipur Chhattisgarh. Versus 1 - State of Chhattisgarh Through Secretary, Department of Urban Administration And Development, Mahanadi Bhawan, Atal Nagar (Nava Raipur), Revenue And Civil District Raipur Chhattisgarh. ----- Petitioner 2 - Director, Directorate of Urban Administration And Development, Indravati Bhawan, Atal Nagar (Nava Raipur) Revenue And Civil District Raipur Chhattisgarh. 3 - Commissioner, Municipal Corporation Raipur, District Raipur Chhattisgarh. --- Respondent(s) WPS No. 499 of 2023 1 - Jaggannath Yadav C/o Malay Yadav, Aged About 52 Years House No. 68, Paipura, Shivam Vihar Colony, Ganesh Nagar, 24/487, Raipur District Raipur, Chhattisgarh 492013 Versus 1 - State of Chhattisgarh Through Secretary Department of Urban Administration And Development, Mahanadi Bhawan, Atal Nagar, (Nava Raipur), Revenue And Civil, District : Raipur, Chhattisgarh ----- Petitioner 2 - Director, Directorate of Urban Administration And Development, Indravati Bhawan, Atal Nagar (Nava Raipur), Revenue And Civil, District : Raipur, Chhattisgarh 3 - Commissioner, Municipal Corporation Raipur, District : Raipur, Chhattisgarh --- Respondent(s) WPS No. 8546 of 2022 3 1 - Kushlesh Kumar Gautam S/o Late Nehrulal Chandrakar Aged About 51 Years R/o C-5a, Ravinagar College Campus, Raipur, District Raipur, Chhattisgarh 492001. Versus 1 - State of Chhattisgarh Through Secretary, Department of Urban Administration And Development, Mahanadi Bhawan, Atal Nagar (Nava Raipur) Revenue And Civil District Raipur (C.G.) ----- Petitioner 2 - Director Directorate of Urban Administration And Development, Indravati Bhawan, Atal Nagar (Nava Raipur), Revenue And Civil District Raipur (C.G.) 3 - Commissioner Municipal Corporation, Raipur, District Raipur (Chhattisgarh) --- Respondent(s) WPS No. 8539 of 2022 1 - Satish Kumar Pandram S/o Fagu Singh Chandram Aged About 51 Years R/o Village Pondi Bahamunda, District Mandla Madhya Pradesh ----- Petitioner Versus 1 - State of Chhattisgarh Through Secretary, Department of Urban Administration And Development, Mahanadi Bhawan, Atal Nagar (Nava Raipur), Revenue And Civil District Raipur (C.G.) 2 - Director Directorate of Urban Administration And Development, Indravati Bhawan, Atal Nagar (Nava Raipur), Revenue And Civil District Raipur (C.G.) Commissioner Municipal Corporation Raipur, District Raipur 3 - (Chhattisgarh) --- Respondent(s) WPS No. 140 of 2023 1 - Manjeet Kaur Chawla W/o Sajjan Singh Chawla Aged About 54 Years House No. 26/1363, Naurani Chowk, Rajatalab, Raipur, District Raipur, Chhattisgarh 492001. ----- Petitioner Versus 1 - State of Chhattisgarh Through Secretary, Department of Urban Administration And Development, Mahanadi Bhawan, Atal Nagar (Nava Raipur), Revenue And Civil District Raipur, Chhattisgarh. 4 2 - Director, Directorate of Urban Administration And Development, Indravati Bhawan, Atal Nagar (Nava Raipur) Revenue And Civil District Raipur, Chhattisgarh. 3 - Commissioner, Municipal Corporation - Raipur, District : Raipur, Chhattisgarh --- Respondent(s) WPS No. 551 of 2023 1 - Nisha Shukla W/o Avinash Shukla Aged About 56 Years 24/487, Near Punjab Cycle Store, Sadar Bazar, Ward No. 39, Raipur, District - Raipur, Chhattisgarh. 492001 Versus 1 - State of Chhattisgarh Through Secretary, Department of Urban Administration And Development Mahanadi Bhawan, Atal Nagar ( Nava Raipur), Revenue And Civil District Raipur, Chhattisgarh. ----- Petitioner 2 - Director, Directorate of Urban Administration And Development, Indravati Bhawan, Atal Nagar (Nava Raipur), Revenue And Civil District Raipur, Chhattisgarh. 3 - Commissioner, Municipal Corporation - Raipur, District : Raipur, Chhattisgarh --- Respondent(s) WPS No. 572 of 2023 1 - Shweta Dwivedi W/o Rajneesh Dwivedi Aged About 46 Years House No. M I G S -302, Phase 2, Kabir Nagar, Tatiband Raipur 492099, District : Raipur, Chhattisgarh ----- Petitioner Versus 1 - State of Chhattisgarh Through Secretary, Department of Urban Administration And Development, Mahanadi Bhawan, Atal Nagar (Nava Raipur) Revenue And Civil, District : Raipur, Chhattisgarh 2 - Director Directorate of Urban Administration And Development, Indravati Bhawan, Atal Nagar (Nava Raipur) Revenue And Civil, District : Raipur, Chhattisgarh 5 3 - Commissioner Municipal Corporation Raipur, District : Raipur, Chhattisgarh --- Respondent(s) WPS No. 578 of 2023 1 - Abha Tiwari W/o A. K. Tiwari Aged About 56 Years House No. 31/714, Brahaman Para, Mahitosh Chowk, Raipur, District Raipur, Chhattisgarh 492001 Versus 1 - State of Chhattisgarh Through Secretary, Department of Urban Administration And Development, Mahanadi Bhawan, Atal Nagar (Nava Raipur), Revenue And Civil District Raipur, Chhattisgarh ----- Petitioner 2 - Director Directorate of Urban Administration And Development, Indrawati Bhawan, Atal Nagar (Nava Raipur), Revenue And Civil District Raipur, Chhattisgarh 3 - Commissioner Municipal Corporation- Raipur, District : Raipur, Chhattisgarh --- Respondent(s) WPS No. 8778 of 2022 1 - Anjana Agarwal W/o Rajesh Kumar Agarwal Aged About 54 Years R/o Mahamai Para, Raipur, District Raipur, Chhattisgarh 492001. Versus 1 - State of Chhattisgarh Through Secretary, Department of Urban Administration And Development, Mahanadi Bhawan, Atal Nagar (Nava Raipur), Revenue And Civil District Raipur (C.G.) ---Petitioner(s) 2 - Director Directorate of Urban Administration And Development, Indravati Bhawan, Atal Nagar (Nava Raipur), Revenue And Civil District Raipur (C.G.) Commissioner Municipal Corporation Raipur, District Raipur 3 - (Chhattisgarh) --- Respondent(s) WPS No. 7653 of 2022 1 - Meena Verma W/o Pradeep Kumar Verma Aged About 58 Years R/o 13 Near Sai Baba Mandir, Sbi Colony, Raipur District Raipur, Chhattisgarh 492001 6 Versus 1 - State of Chhattisgarh Through Secretary, Department of Urban Administration And Development, Mahanadi Bhawan, Atal Nagar (Nava Raipur), Revenue And Civil, District : Raipur, Chhattisgarh ---Petitioner(s) 2 - Director Directorate of Urban Administration And Development, Indravati Bhawan, Atal Nagar (Nava Raipur), Revenue And Civil, District : Raipur, Chhattisgarh 3 - Commissioner Municipal Corporation - Raipur, District : Raipur, Chhattisgarh --- Respondent(s) WPS No. 7652 of 2022 1 - Rachna Tiwari W/o Mukesh Tiwari Aged About 52 Years R/o 158 Sikola Bhata, Ward No. 14, Durg District Durg, Chhattisgarh 491001 Versus 1 - State of Chhattisgarh Through Secretary, Department of Urban Administration And Dvelopment, Mahanadi Bhawan, Atal Nagar Nava Raipur, Revenue And Civil District Raipur Chhattisgarh. ---Petitioner(s) 2 - Director, Directorate of Urban Administration And Development, Indravati Bhawan, Atal Nagar, Nava Raipur, Revenue And Civil District Raipur Chhattisgarh. Commissioner, Municipal Corporation- Raipur, District Raipur 3 - Chhattisgarh. --- Respondent(s) WPS No. 7695 of 2022 1 - Yashwant Dev Verma S/o Kali Ram Verma Aged About 50 Years R/o A- 15, Gitanjali Nagar, Gudhiyari, Raipur, District Raipur, Chhattisgarh-492009. ----- Petitioner Versus 1 - State of Chhattisgarh Through Secretary, Department of Urban Administration And Development, Mahanadi Bhawan, Atal Nagar (Nava Raipur), Revenue And Civil, District : Raipur, Chhattisgarh 7 2 - Director, Directorate of Urban Administration And Development, Indravati Bhawan, Atal Nagar (Nava Raipur), Revenue And Civil, District : Raipur, Chhattisgarh 3 - Commissioner, Municipal Corporation Raipur, District : Raipur, Chhattisgarh --- Respondent(s) WPS No. 7680 of 2022 1 - Premalata Yadav W/o Pyarelal Aged About 58 Years R/o Mahadev Ghat Road, Raipur, District Raipur Chhattisgarh. ---Petitioner(s) Versus 1 - State of Chhattisgarh Through Secretary, Department of Urban Administration And Development, Mahanadi Bhawan, Atal Nagar (Nava Raipur) Revenue And Civil District Raipur Chhattisgarh. 2 - Director, Directorate of Urban Administration And Development Indravati Bhawan, Atal Nagar (Nava Raipur), Revenue And Civil District Raipur Chhattisgarh. 3 - Commissioner, Municipal Corporation Raipur, District Raipur Chhattisgarh. --- Respondent(s) WPS No. 7670 of 2022
Legal Reasoning
1 - Taruprabha Shrivastava W/o Ashok Shrivastava Aged About 45 Years R/o Tilak Nagar, Main Road Avanti Vihar, Shiv Mandir Chowk, Telibandha, Raipur, District Raipur, Chhattisgarh - 492006 ----- Petitioner Versus 1 - State of Chhattisgarh Through Secretary, Department of Urban Administration And Development, Mahanadi Bhawan, Atal Nagar (Nava Raipur), Revenue And Civil, District : Raipur, Chhattisgarh 2 - Director Directorate of Urban Administration And Development, Indravati Bhawan, Atal Nagar (Nava Raipur), Revenue And Civil, District : Raipur, Chhattisgarh 8 3 - Commissioner Municipal Corporation - Raipur, District : Raipur, Chhattisgarh --- Respondent(s) WPS No. 8075 of 2022 1 - Heeralal Patel S/o Lambodar Patel Aged About 49 Years R/o Mini Talkies Road, Near Ganesh Mandir, Satyam Vihar, Raypura, Raipur, District - Raipur, Chhattisgarh - 492001 Versus 1 - State of Chhattisgarh Through Secretary, Department of Urban Administration And Development, Mahanadi Bhawan, Atal Nagar (Nava Raipur), Revenue And Civil District Raipur (C.G.) ----- Petitioner 2 - Director Directorate of Urban Administration And Development, Indravati Bhawan, Atal Nagar (Nava Raipur), Revenue And Civil District Raipur (C.G.) 3 - Commissioner Municipal Corporation - Raipur, District - Raipur (Chhattisgarh) --- Respondent(s) WPS No. 8051 of 2022 Poonam Niyal W/o Jitendra Niyal Aged About 51 Years R/o Behind Sindhi Dharmshala Ward No. 42, Kotra Talab, Raipur District Raipur Chhattisgarh- 492001 ---Petitioner Versus 1 - State of Chhattisgarh Through Secretary, Department of Urban Administration And Development, Mahanadi Bhawan, Atal Nagar (Nava Raipur) Revenue And Civil District Raipur Chhattisgarh. 2 - Director, Directorate of Urban Administration And Development, Indravati Bhawan, Atal Nagar (Nava Raipur), Revenue And Civil District Raipur Chhattisgarh. 3 - Commissioner, Municipal Corporation Raipur, District Raipur Chhattisgarh. --- Respondent(s) WPS No. 8064 of 2022 9 Tarzan Dhruw S/o P. R. Dhruv, Aged About 46 Years R/o Barekel Khurd, Dighepur, District - Mahasamund, Chhattisgarh - 493551. ---Petitioner Versus 1 - State of Chhattisgarh Through Secretary, Department of Urban Administration And Development, Mahanadi Bhawan, Atal Nagar (Nava Raipur), Revenue And Civil, District : Raipur, Chhattisgarh 2 - Director, Directorate of Urban Administration And Development, Indravati Bhawan, Atal Nagar (Nava Raipur), Revenue And Civil, District : Raipur, Chhattisgarh 3 - Commissioner, Municipal Corporation - Raipur,, District : Raipur, Chhattisgarh --- Respondent(s) WPS No. 8696 of 2022 Rashmi Gopawar W/o Gautam Gopawar Aged About 49 Years R/o Pro Colony Sector 2, Raipur, District Raipur, Chhattisgarh 492001 ---Petitioner Versus 1 - State of Chhattisgarh Through Secretary, Department of Urban Administration And Development, Mahanadi Bhawan, Atal Nagar (Nava Raipur), Revenue And Civil District Raipur Chhattisgarh 2 - Director Directorate of Urban Administration And Development, Indravati Bhawan, Atal Nagar (Nava Raipur), Revenue And Civil District Raipur Chhattisgarh 3 - Commissioner, Municipal Corporation - Raipur, District - Raipur Chhattisgarh. --- Respondent(s) For Petitioner(s) : Mr. Navoday Singh, Advocate holding the brief of For Respective Respondent(s) Mr. Utsav Mahishwar, Advocate : Mr. Rajkumar Gupta, Additional Advocate General, Mr. Sandeep Dubey, Advocate, Dr. Sudeep Agrawal, Mr. Pankaj Agrawal, Advocate, 10 Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 07/08/2025 1. The petitioners have filed these petitions seeking the following relief(s):- “10.1 That, this Hon'ble Court may kindly be pleased to call for the entire record relating to grant of Pension and General Provident Fund to the employees of Municipal Corporation Raipur. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities, by way of writ of mandamus to initiate action for inclusion of the petitioner in Pension and General Provident Fund schemes of Municipal Corporation Raipur. 10.3 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities, by way of writ of mandamus to calculate Pension and GPF from the date of initial appointment. 10.4 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities, by way of writ of mandamus to provide the petitioner with GPF account. 10.5 Any other relief, which this Hon'ble Court deems fit according to the facts & circumstances of the case may also be granted.” 2. Learned counsel appearing for the petitioners would submit that the petitioners were initially appointed as Shiksha Karmi Grade–II within the jurisdiction of the Municipal Corporation, Raipur, against vacant and sanctioned posts of teachers. He would further submit that the Department of Urban Administration and Development took a decision to absorb the services of the petitioners and other teachers on a 11 regular vacant post after the fixation of salary vide order dated 06.05.2020. He would also submit that as per the said decision, the absorbed teachers were to be covered under the Contributory Pension Scheme (for short, CPS) and their absorption was given effect from 01.07.2018 vide order dated 06.09.2020. 3. He would contend that the Government of Chhattisgarh, Department of Finance and Planning, had issued guidelines for extending the benefits of the Contributory Pension Scheme to the teachers and as per the letter dated 01.08.2012, each member/employee was to be allotted a Permanent Retirement Account Number (for short, PRAN). It is further submitted that vide notification dated 11.05.2022, the State re-introduced the Old Pension Scheme (for short, OPS), as per the Chhattisgarh Civil Services (Pension) Rules, 1976. The petitioners submitted representations seeking allotment of PRAN and opening of GPF accounts. He also submitted that the Municipal Commissioner, Raipur, admitted the fact that the petitioners are entitled to the Contributory Pension Scheme or any other pension scheme introduced by the Government, but in the absence of a proper response from the State Government, the benefit of the pension scheme has not been extended. He would further contend that till date, PRAN could not be allotted to the petitioners; thus, he prays that a direction may be issued to the respondents to provide PRAN and to include their names for pension scheme and General Provident Fund (for short, GPF) benefits. 12 4. On the other hand, learned counsel for the respondents would submit that petitioners were appointed around 1998 under the Chhattisgarh Shiksha Karmi (Nagari Nikay) (Bharti Tatha Padonnati) Niyam, 1998, and there was no provision for pension or other retirement benefits in the Rules, 1998. It is argued that though a proposal was sent to the State Government for the grant of benefits under the Contributory Pension Scheme, no decision has been taken. It is further submitted that PRAN has now been allotted, and the petitioners are entitled to the benefits under the New Pension Scheme (for short, NPS). It is also submitted that the petitioners’ services were absorbed vide order dated 06.05.2020, and they, with their open eyes, had accepted the terms and conditions mentioned therein, including the applicability of the NPS. 5. With regard to GPF, it is contended that there was no provision for its applicability. Learned counsel further submitted that vide letter dated 10.03.2023, the Government clarified that the Old Pension Scheme would be applicable to Government servants in place of the NPS; however, the said benefit would not be extended to the employees of the urban local bodies, and clarification in this regard has been sought from the State Government. In the absence of any guidelines or instructions from the State Government, it is submitted that the petitioners are not entitled to any relief at this stage. 13 6. I have heard learned counsel for the parties and perused the documents placed on the record. 7. The relief sought by the petitioners relates, firstly, to allotment of PRAN, and secondly, to applicability of the pension scheme and inclusion of their names in the GPF from the date of their initial appointment. The material on record indicates that the Municipal Corporation, Raipur, from time to time, has sought directions from the State Government in this regard, but the matter has not yet been finalised. 8. The petitioners have been working with the respondents since 1997– 98, and their services were absorbed in the year 2018, but till date, no final decision has been taken with regard to their entitlement under the pension scheme and the GPF. It is informed by the Advocates appearing for the respondents that PRAN has been provided to the petitioners. 9.
Decision
In view of the above, these petitions are disposed of with the liberty to the petitioners to make fresh representations before respondents No. 1 and 2 and in turn, respondents No. 1 and 2 are directed to consider and decide the claims of the petitioners regarding the applicability of the appropriate pension scheme and inclusion of their names for the grant of GPF benefits, strictly in accordance with the law, and to pass a 14 reasoned order preferably within a period of 120 days from the date of receipt of a copy of this order. 10.With the aforesaid observation(s) and direction(s), these writ petitions are hereby disposed of. Sd/- Rakesh Mohan Pandey JUDGE Nadim