High Court Of ChhattisgarhWPS/617/2020disposed off

Smt. Maharin Bai v. State Of Chhattisgarh

2020-01-28Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 617 of 2020

1. Smt. Maharin Bai, W/o Late Harichand, Aged About 65 Years, R/o Amapara, Sweeper Colony Raipur, District : Raipur, Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh Through The Secretary, Department of Revenue And Disaster Management, Mahanadi Bhawan Mantralaya, Atal Nagar, Raipur, District : Raipur, Chhattisgarh

2. The Collector Raipur, District : Raipur, Chhattisgarh

3. The Commissioner Municipal Corporation Raipur, District : Raipur, Chhattisgarh ---- Respondents For Petitioner :

Mr. Hemant Kesharwani, Advocate For State :

Ms. Binu Sharma, Panel Lawyer For Respondent No. 3.

Mr. H.B. Agrawal, Sr. Advocate on behalf of Mr. Pankaj Singh, Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board 28/01/2020

1. Learned Counsel for the petitioner contends that the controlling authority under the Payment of Gratuity Act has passed an order in her favour on 05.07.2018 (Annexure P-1), whereby the gratuity along with interest was ordered to be paid to the petitioner.

2. Subsequently, the counsel for the petitioner submits that the controlling authority has issued a letter to the Collector for initiating RRC proceedings for recovery of award by the controlling authority but in spite of the same, the Collector has not considered and the same is kept in dormant stage.

3. Without further entering into the merits of the case, once an order has been passed by the controlling authority on 05.07.2018 and the RRC for Rs. 8,76,876/- has been issued, the same ought to have been executed by the Collector. The respondent no. 2 ie. CollectorRaipur is hereby directed to ensure that the RRC proceedings initiated by the Controlling Authority under the Payment of Gratuity Act is executed at the earliest and ensure that the petitioner is able to get the fruits of the award passed in her favour.

4. Let this exercise be completed within a period of two months from the date of receipt of certified copy of this order. The present writ petition, accordingly stands disposed of.

Sd/- (Goutam Bhaduri) Judge Rahul