High Court Of ChhattisgarhWPS/1576/2021disposed off

Ram Kumari Keshri v. The State Of Chhattisgarh

2021-03-26Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 1576 of 2021 Ram Kumari Keshri S/o Late Madhav Saw Keshri, Aged About 66 Years, Retired C. M. O., Nagar Panchayat, Rajim, District Gariyaband R/o Professor Colony, Kushalpur, District Raipur, Chhattisgarh ---- Petitioner

Versus

1. The State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh

2. Director, Department Of Urban Administration And Development, Indrawati Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh

3. Chief Municipal Officer, Nagar Panchayat Rajim, District Gariyaband, Chhattisgarh ---- Respondents For Petitioner :

Mr. A. K. Prasad, Advocate For State :

Mr. Kapil Maini, P.L.

Hon'ble Shri Justice P. Sam Koshy Order On Board 26.03.2021

1. The limited grievance that the petitioner has in the present writ petition is the inaction on the part of the respondents in not releasing the leave encashment payable to the petitioner in spite of the fact that he stood retired from service on 31.12.2016.

2. The contention of the petitioner is that he has also not been paid the benefit of enhanced Dearness Allowance for the last 6 months i.e. from July, 2016 to December, 2016.

3. Learned State counsel submits that from the pleadings it appears that there is already an order passed by the Additional Director, Urban Administration and Development Department on 09.01.2018 for releasing the said amount but for reason best known, the same seems to have not been acted upon.

4. Given the entire factual matrix of the case, the writ petition at this juncture stands disposed of directing the respondents 2 & 3 to ensure that the leave encashment payable to the petitioner as also the benefit of revised Dearness Allowance for the period between July, 2016 to December, 2016 be released to the petitioner at the earliest, preferably within a period of 30 days from the date of receipt of copy of this order, failing which the entire amount payable to the petitioner shall carry interest @ 10% per annum which shall be recovered from the officers who have not promptly process the dues payable to the petitioner.

5. The writ petition accordingly stands disposed of. Sd/- P. Sam Koshy Judge Khatai