Bharat Singh Kachhawaha v. State Of Chhattisgarh

-1- NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 442 of 2021

1. Bharat Singh Kachhawaha S/o Late Shri Paltan Singh Aged About 60 Years R/o Village- Bhaiso, Post- Bargaon, Tahsil- Pamgarh, Police Station- Pamgarh, District- Janjgir-Chama (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary Department Of Water Resources, Mantralaya, Naya Raipur, Raipur (Chhattisgarh)

2. Engineer-In-Chief Department Of Water Resources, Sihawa Bhawan, Civil Lines, Raipur, District- Raipur (Chhattisgarh)

3. Chief Engineer Minimata (Hasdeo) Bango Project, Department Of Water Resources, District- Bilaspur (Chhattisgarh)

4. Executive Engineer Hasdeo Bango Canal Water Management, Division- Janjgir, District- Janjgir-Champa (Chhattisgarh)

5. Sub Divisional Officer Akaltra Division Sub Division No. 08 Loharsi District- Janjgir-Champa (Chhattisgarh)

6. Director Treasury Raipur (Chhattisgarh),

7. Accountant General Zero Point, Baloda Bazar Road, Post OfficeVidhan Sabha, Raipur, District- Raipur (Chhattisgarh) .

---Respondents For Petitioner :

Shri K.P.S. Gandhi, Advocate.

For State :

Shri Rahul Jha, G.A.

For Respondent No. 7 :

Shri Rajkumar Gupta, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 10.02.2021 .

1. The grievance of the petitioner in the present writ petition is the inaction on the part of the respondents in not releasing the retiral dues payable to the petitioner on petitioner being voluntarily retired.

2. According to the petitioner, the acceptance of his voluntarily retirement is under challenge in another Writ petition by the

-2petitioner i.e. WP(S) No. 2676/2020 and where the State has filed his reply. According to the petitioner in the reply of the State in the said writ petition, it appears that the entire retrial dues payable to the petitioner has been calculated and processed but the payment has not yet been released to the petitioner for no reason.

3. The present writ petition has been filed only seeking for a direction to the respondents for releasing the admissible retiral dues to the petitioner. According to the petitioner he was initially engaged as a daily wage employee, subsequently he was regularized in service in the year 2008 and was retried from service in June 2020.

4. Given the limited grievance that the petitioner has and also taking note of the documents which are enclosed along with the reply of the State in WP(S) No. 2676/2020, the present writ petition at this juncture can be disposed of particularly when the petitioner submits that he has already received the GPF amount which was lying in his credit to process the claim of the petitioner, so far as the admissible dues are concerned, and the entire admissible dues be released to the petitioner forthwith within an outer limit of 90 days. Any payment made to the petitioner shall carry an endorsement that the same would be subject to the out-come of the WP(S) No. 2676/2020.

5. The writ petition at this juncture stands disposed of. Sd/- (P. Sam Koshy) Judge Jyotijha