Authorities must settle and release pensionary benefits based on actual qualifying service within 100 days.

The petitioner, appointed as a Lower Division Teacher in 1982 and later promoted as Head Master, was transferred to the Office of the Block Education Officer, Jashpur, on 30 July 2012.

She alleged that, despite the transfer, she continued working at her original posting on oral directions and had not received salary for the disputed period or her pensionary and other retiral benefits.

Her salary claim was rejected by an order dated 28 May 2024.

In the writ petition, she sought release of her pensionary benefits and salary for the period from 30 July 2012 to 22 May 2018.

The State informed the Court that pensionary benefits based on her actual qualifying service were being processed.

Whether the respondent authorities should be directed to complete the settlement and release of the petitioner’s pensionary benefits based on her actual qualifying service within a specified period

Whether the petitioner’s claim for salary and other admissible benefits for the period from 30 July 2012 to 22 May 2018 should be determined in this petition or left for pursuit before an appropriate forum

The judgment does not cite any statute, rule, or precedent.

It proceeds on the basis that pensionary benefits admissible according to the petitioner’s actual qualifying service should be processed and released, and that her separate salary claim may be pursued before an appropriate forum in accordance with law.

The State’s reply stated that the petitioner’s pensionary benefits, calculated according to her actual qualifying service, were being processed, and the State and the Accountant General did not oppose the petitioner’s request for a direction fixing a timeline.

The Court therefore directed completion of the settlement and release process within 100 days.

As the petitioner sought liberty to pursue her disputed salary claim separately, the Court reserved her right to approach the appropriate forum at the appropriate stage, in accordance with law.

The respondent authorities were directed to complete the settlement and release of the pensionary benefits admissible according to the petitioner’s actual qualifying service within 100 days of receiving a copy of the order.

The petitioner was granted liberty to pursue her claim for salary and other admissible benefits for 30 July 2012 to 22 May 2018 before the appropriate forum, in accordance with law.