Nafr High Court
Case Details
1 RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.03.26 16:48:05 +0530 2025:CGHC:8328 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 575 of 2022 1 - Rakesh Chatruvedi S/o Shri Late Ravishankar Chatruvedi Aged About 63 Years Retired As Upper Division Clerk (U.D.C.), Janpad Panchayat, Dhamtari, District Dhamtari Chhattisgarh R/o Infront Of Arjuni Police Station, Bathena, Dhamtari, District Dhamtari Chhattisgarh. 2 - Smt. Manorama Jagtap, W/o Late Rajendra Rao Aged About 67 Years Retired As Assistant Grade-Ii, Janpad Panchayat, Dhamtari, District Dhamtari, R/o Marathapara, Dhamtari, District Dhamtri Chhattisgarh.
Legal Reasoning
3 - Smt. Sonarin Bai Yadav, Wd/o Late Shankar Lal Yadav (Retired As Peon), Aged About 68 Years Janpad Panchayat, Chamtari, District Dhamtari, R/o Lostapara, Near Talab Per, Dhamtari, District Dhamtari Chhattisgarh. 4 - Khilawan Prasad Tiwari S/o Late Rohitashva Prasad Tiwari, Aged About 63 Years Retired As Assistant Grade-Ii Janpad Panchayat, Nagri, Tahsil Nagri, District, Dhamtari, R/o Ward No.1, Shaheed Veer Narayan, Dihipara, Nagri, Tahsil Nagri, District Dhamtari Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Panchayat And Welfare Development, Mantralaya, Mahanadi Bhawan, New Mantralaya, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh. 2 - The Director, Panchayat And Rural Development Department, Indrawati Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh. 2 3 - The Collector, Dhamtari, District Dhamtari Chhattisgarh. 4 - The Deputy Diredctor, Panchayat Dhamtari, Zila Panchayat Campus, District Dhamtari Chhattisgarh. 5 - The Chief Executive Officer, Zila Panchayat, Dhamtari, District Dhamtari Chhattisgarh. 6 - The Chief Executive Officer, Janpad Panchayat, Dhamtari District Dhamtari Chhattisgarh. 7 - The Chief Executive Officer, Janpad Panchayat, Nagri, Tahsiul Nagri, District Dhamtari Chhattisgarh. ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) For State/Respondent(s) : Mr. Abhishek Gupta, Panel Lawyer For Respondent No.6 : Ms. Akansha Jain, Advocate : Mr. R.S. Patel, Advocate Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 18/02/2025 1. Heard Mr. R.S. Patel, learned counsel for the petitioners. Also heard Mr. Abhishek Gupta, learned Panel Lawyer for State/respondent/s and Ms. Akansha Jain, learned counsel for the respondent No.6. 2. By way of ther writ petition, the petitioner has prayed for following reliefs: “10.1.This Hon'ble Court may kindly be pleased to issue appropriate writ and quash the impugned orders dated 17.12.2021 & 02.12.2021 (Annexure P/1) 3 passed by the respondent no. 6 & 3 respectively, in the interest of justice. 10.2. This Hon'ble Court may kindly be pleased to issue appropriate writ and direct the respondents to realize the amount of the pension to the petitioners continuously from the month of December, 2021, in the interest of justice. 10.3. Any other relief which the Hon'ble Court deems fit and proper under the facts and circumstances may also be provided to the petitioner..” 3. Brief fact of the case is that the petitioner No.1, 2, 4 and the late husband of petitioner No.3 were retired employees of respondent No.6 & 7. On 06.01.2003, the Joint Secretary, State of Chhattisgarh, Department of Panchayat and Rural Development Department had issued a letter to the Chief Executive Officer, wherein it was held that the Retired Employees of Panchayat Department are entitled for Pension. (Annexure P/2). In view of the letter dated 06.01.2003, decision has been taken for payment of pension to the employees of the Janpad Panchayat vide resolution passed in the General Meetings of the Janpad Panchayat, Dhamtari (C.G.) held on 05.08.2020, 19.06.2020 for the petitioner No.1, vide note-sheet-for the petitioner No. 2 & 3, vide resolution passed in General Meeting held on 23.12.2015 for petitioner No. 4. Thereafter, on 08.09.2016, the respondent No.4 (The Deputy Director) provided guidance to the respondent No.6 (The Chief Executive Officer) that the benefit of pension can be extended to the employees of Panchayat Department by virtue of the letter dated 06.01.2003. The petitioners including husband of 4 petitioner No. 3 retired on 31.08.2020, 31.07.2016, 30.06.2015 and 30.09.2020 respectively. The respondent authorities have granted pension to the petitioner No.1, a sum of Rs.29,064.00 per month; to the petitioner No.2, a sum of Rs.17,560.00 per month; to the petitioner No.3, a sum of Rs.8,070.00 per month and to the petitioner No. 4, a sum of Rs.23,461.00 per month, continuously since date of their retirement till passing of impugned order. The quantum of pension extended to the petitioners can be ascertained from the letter dated 30.11.2021 issued by the Chief Executive Officer, Janpad Panchayat, Dhamtari (C.G.) to the Branch Manager, Canara Bank, Dhamtari (C.G.) and with the pension slip of petitioner No. 4 issued by the respondent No.7. The respondent No.6 issued an order dated 01.09.2020, 22.05.2017 & 13.08.2018, wherein the benefit of pension was extended for the petitioners and other employees who were also receiving the benefit of pension by similar order dated 13.08.2018. The petitioners were regularly receiving pension up to the month of November, 2021. To the utter shock of the petitioners, vide impugned order dated 17.12.2021 & 02.12.2021 passed by the respondent No.6 & 3 respectively, the benefit of pension has been arbitrarily stopped by the respondents without issuing any show- cause notice & without affording any opportunity of hearing to them. (Annexure P/1). Thereafter, on 03.01.2022 the petitioners made a representation to the respondents No. 6 & 3 respectively, wherein they have requested to pay the pension (family pension 5 for petitioner No. 3), which has been stopped by the respondents. But till date no heed has been paid towards their request. Being devoid pension amount the petitioners who are retired employees of respondent departments are facing hard time and have prayed for direction to the respondents to realize the amount of the pension to the petitioners continuously from the month of December, 2021. Learned counsel for the petitioners further submits that the Hon'ble Supreme Court in the matter of State of Jharkhand & others v. Jitendra Kumar Shrivastava & another, reported in (2013) 12 SCC 210 has held that the hard earned benefit which accrues to an employee is in the nature of 'property'. This right of property cannot be taken away without due process of law as per the provisions of Article 300-A of the Constitution of India. The State Government is not competent to withhold pension or gratuity on the strength of executive instructions not having the force of law. 4. Learned State counsel opposed the argument advanced by the learned counsel for the petitioners. 5. I have heard learned counsel for parties and perused the documents available in record. 6. Considering the facts and circumstances of the case, particularly considering the order of Hon'ble Supreme Court’s in the matter of Jitendra Kumar Shrivastava (Supra) has held that the hard earned benefit which accrues to an employee is in the nature of 6 'property'. This right of property cannot be taken away without due process of law as per the provisions of Article 300-A of the Constitution of India. Respndents are directed to realize the amount of the pension to the petitioners in accordance with benefits which are extended to petitioners prior to December 2021. Said exercise be completed within a period of 90 days from the date of production of copy of this order. 7. Accordingly, the petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi