Chhattisgarh High Court
WPS/4609/2019 of SHYAM KUMAR MANSAR (Died) through Lrs Vs STATE OF CHHATTISGARH on 24 August 2026
2026:CGHC:38087 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4609 of 2019 1 - Shyam Kumar Mansar (Died) Through Lrs As Per Honble Court Order Dated- 23-01-2025. 1.1 - Annapurna Mansar W/o Late Shyam Kumar Mansar Aged About 42 Years R/o Peepal Chowk, Kapan, Akaltara, District -
CGHC010206122019
2026:CGHC:38087
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 4609 of 2019
1 - Shyam Kumar Mansar (Died) Through Lrs As Per Honble Court Order Dated- 23-01-2025.
1.1 - Annapurna Mansar W/o Late Shyam Kumar Mansar Aged About 42 Years R/o Peepal Chowk, Kapan, Akaltara, District - Janjgir-Champa (C.G.)
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through Secretary, General Administrative Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh.
2 - Joint Director Treasury Account Pension, Bilaspur, District Bilaspur Chhattisgarh.
3 - District Education Officer Korba, District Korba Chhattisgarh.
4 - Block Education Officer Korba, District Korba Chhattisgarh.
--- Respondent(s)
For Petitioner
: Mr. Awadh Tripathi, Advocate
For Respondent
: Mr. Sharad Mishra, P.L.
Hon’ble Shri Sanjay K. Agrawal, Judge
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Order
on Board
25.08.2026
1. The present writ petition has been filed seeking following relief:- 10.1 That, this Hon'ble Court may kindly be quashed the beleted pay fixation and belated annual increment (Annexure P/1) and direct the respondent no. 2 to pro- vide the pay fixation from 10.07.2012 and annual in- crement from dated 01.07.2013 and provide the all consequences benefit to the petitioner.
10.2 That, any other relief which this Hon'ble Court deems fit and proper may also kindly be granted to the petitioner in the interest of justice along with cost of the petition
2. Learned counsel for the petitioner submits that the benefit of annual in- crement granted by the Block Education Officer, Korba, has subse- quently been cancelled without affording any opportunity of hearing to the petitioner. It is further submitted that no notice or opportunity of hearing was granted before withdrawing the said benefit, thereby vio- lating the principles of natural justice.
3. Learned State Counsel submits that he would support the impugned order.
4. I have heard learned counsel for the parties and perused the records.
5. A careful perusal of the impugned order (Annexure P/1) reveals that the benefit of annual increment granted to the petitioner has been can- celled without affording him an opportunity of hearing. Since the im- pugned order adversely affects the petitioner, the same could not have been passed without providing an opportunity of hearing.
6. Accordingly, the impugned order (Annexure P/1) is set aside. The mat- ter is remitted back to the Block Education Officer, Korba, to reconsider the claim of the petitioner after affording him due opportunity of hearing and pass a reasoned and speaking order, in accordance with law, within a period of 30 days from the date of receipt of a copy of this or- der.
7. Accordingly, the present writ petition stands disposed of. Sd/-
(Sanjay K. Agrawal)
Judge Jyoti