Leelambar Ram v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP S No. 291 of 2021 Leelambar Ram S/o Late Shri Khageshwar, Sonsai Yadav Aged About 69 Years Resident Of Singibahar, Post Singibahar, Tahsil- Farsabahar, District- Jashpur, Chhattisgarh ---- Petitioner

Versus

1.

State Of Chhattisgarh Through- The Secretary, (Resham Department) Rural Industries Mantralay, Mahanadi Bhawan, Atal Nagar District New Raipur, Chhattisgarh 2.

The Director Directorate Of Rural Industries, (Resham Department) Chhattisgarh, Indrawati Bhawan, Block-1, 4th Floor, Atal Nagar District- Raipur, Chhattisgarh 3.

Assistant Director (Resham), Jashpur, District Jashpur, Chhattisgarh 4.

Joint Director Treasury, Account And Pension, Ambikapur, DistrictSurguja, Chhattisgarh ---- Respondents For Petitioner :

Ms. Laxmeen Kashyap, Advocate For State :

Mr. Sudeep Verma, Deputy G.A.

Mr. Kapil Maini, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order on Board 04/02/2021

1. The dispute in the present writ petition is in respect of the nongranting of the gratuity and arrears of pay as also the benefit of leave encashment on retirement.

2. The petitioner in the present writ petition was initially engaged as a daily wage under the respondents way back in the year 1979. In due course of time the services of the petitioner stood regularized w.e.f. 27.09.2008. On attaining the age of superannuation, he stood retired w.e.f. 30.06.2014.

3. The contention for the petitioner is that upon his retirement the respondents have only reduced the pension to the petitioner, but the other retiral dues, like gratuity, leave encashment, arrears of pay, etc. have not been paid to the petitioner.

4. As regards the gratuity is concerned, this Court is of the opinion that let the petitioner, so far as his claim for gratuity is concerned, approach the concerned controlling authority under the Payment of Gratuity Act for redressal of his grievance. As regards the arrears of pay, if any and the payment of leave encashment is concerned, the respondent authorities are directed to immediately scrutinize the claim of the petitioner so far as these two benefits are concerned, and subject to verification if the petitioner is found entitle for the benefits under the arrears of pay as also under the leave encashment or any other retiral dues not paid to the petitioner, the same should be processed and finalized at the earliest within a period of 90 days from the date of receipt of the copy of this order and the amount should also be released forthwith.

5. With the aforesaid observations, the present writ petition stands disposed of.

Sd/- (P. Sam Koshy) Judge Ved