Arun Kumar Gupta v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 59 of 2021 Arun Kumar Gupta S/o Late Chandramani Gupta, Aged About 62 Years, Retired As Field Assistant, PWD, Raigarh Division, R/o Near Lal Tanki Chauki, Wahidarpara, Raigarh, Tahsil And District Raigarh, Civil And Revenue District Raigarh, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Public Works Department, Mahanadi Bhavan, Mantralaya, Atal Nagar, New Raipur, Chhattisgarh

2. The Executive Engineer, Public Works Department, Raigarh Division, Raigarh, District Raigarh, Chhattisgarh

3. The Sub Divisional Officer, Public Works Department, Raigarh, Sub Division, Raigarh, District Raigarh, Chhattisgarh ---- Respondents For Petitioner :

Mr. M. K. Sinha, Advocate For State :

Mr. Rahul Jha, G.A.

Hon'ble Shri Justice P. Sam Koshy Order On Board 29.01.2021

1. The present again is a typical example of the lethargic attitude on the part of the respondents while settling the retiral dues payable to the low paid employees in the department.

2. The petitioner, in the instant case, retired from service on 31.08.2019 from the post of Field Assistant. Though about 1 1⁄2 years have passed, till date the petitioner has not received a single penny towards retiral

dues which otherwise he was entitled for on the date of his retirement. The petitioner makes a categorical statement that there is no such impediment by which he would not be entitled for the retiral dues. Further contention of the petitioner is that there is no departmental inquiry pending against him nor is there any such recovery proceeding or any such other proceedings pending against him with which the respondents could have withheld the retiral dues.

3. Given the said submission, the writ petition at this juncture stands disposed of directing the respondents 2 & 3 and also the concerned officers of Treasury, Accounts & Pension Department to immediately process the retiral dues and pensionary benefits including arrears, payable to the petitioner on his retirement at the earliest preferably within 30 days from the date of receipt of copy of this order. If the amount payable to the petitioner has been retained for no fault of the petitioner, and if the retiral dues payable to the petitioner is not processed within the stipulated period of 30 days, the entire amount payable to the petitioner shall carry interest @ 10% per annum from the date of retirement till the date of actual payment. The interest part shall be recovered from the erring officials who have not promptly processed the same.

4. With the aforesaid observation, the writ petition stands allowed and disposed of.

Sd/- P. Sam Koshy Judge Khatai