K.K.Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO. 854 OF 2019 K.K.Singh S/o Late Gajanand Singh Aged About 63 Years R/o Ameri Road Neharu Nagar Bilaspur, District Bilaspur, Chhattisgarh.

...Petitioner(s)

Versus

1. State Of Chhattisgarh Through The Secretary Department Of Forest Mahanadi Bhawan Atalnagar Raipur, District Raipur, Chhattisgarh.

2. The Chief Conservator Of Forest Circle Bilaspur, District Bilaspur, Chhattisgarh.

3. The Divisional Forest Officer Research And Extension Forest Division Bilaspur, District Bilaspur, Chhattisgarh.

... Respondent(s) For Petitioner :

Shri AN Pandey, Advocate.

For Respondents-State :

Shri Arvind Dubey, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 11.02.2019

1. The limited grievance in the present writ petition is that though the petitioner has retired from service on 30.11.2017 but his entire retiral dues have not been finalized by the respondents.

2. According to the petitioner, there is no disqualification or an enquiry pending against the petitioner in any manner by which the retiral dues could not have been settled by the respondents.

3. The petitioner further submits that the respondents have, on their own, released 90 percent each of the gratuity, anticipatory pension and GPF amount and have thus retained 10 percent of the amount in all these heads. In addition, the petitioner has also not been paid arrears on account of revised pay scale as per 7th Pay Commission. Likewise, the petitioner has also denied leave encashment and deputation allowance which he was otherwise entitled for while in service.

4. Given the aforesaid facts and circumstances of the case, this court is of the opinion that ends of justice would meet if a direction is given to the

respondents No.2&3 to immediately forthwith process the claim of the petitioner for retiral dues and also ensure that if there is no other impediment in releasing the same, the amount should be released to him at the earliest preferably within a period of 90 days from the date of receipt of certified copy of this order.

5. The authorities should also consider the aspect that in case if the petitioner was not responsible for the delayed payment of his retiral dues, then he should be compensated by paying interest on the said amount @ 7.5 percent per annum from the date of retirement till the actual payment is made.

6. The Writ Petition accordingly stands disposed off. Sd/- (P. Sam Koshy) Judge inder