Smt. Sherly Varghese v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (SERVICE) NO. 1608 OF 2021 • Smt. Sherly Varghese, W/o Shri Viju Varghse, aged about 59 years, Retired Assistant Professor (English), R/o Zenith Villa 353, Omax City-1, Maya Khadi (P.O.) Jhalaria, Indore (M.P.) ... Petitioner versus 1.

State of Chhattisgarh, through Secretary, Higher Education Department, Mahanadi Bhawan, Atal Nagar, Nawa Raipur (CG) 2.

Director, Higher Education Department, Mahanadi Bhawan, Atal Nagar, Nawa Raipur (CG) 3.

Commissioner, Higher Education Department, Mahanadi Bhawan, Atal Nagar, Nawa Raipur (CG) 4.

Principal, Govt. Mukutdhar Pandey College, Katghora, District Korba (CG) ... Respondents For Petitioner :

Mr. Kishan Lal Sahu, Advocate.

For Respondents/State :

Mr. Rahul Jha, Dy. G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board /04/2021 1.

The only grievance that the Petitioner has in the present Writ Petition is the non-settlement of her retiral-cum-pensionary benefits. 2.

Learned Counsel for Petitioner submits that, Petitioner was working under the State Government as an Assistant Professor (English) since 1985. She on account of her ill health had applied for Voluntary Retirement on 4.1.2020. Respondent authorities accepted the VRS of Petitioner on 18.1.2021 on completion of 20 years of service.

3.

Learned Counsel for Petitioner further submits that the since the Respondents have permitted the Petitioner for her Voluntary Retirement, she would be entitled for all the post retiral benefits including pensionary benefits in accordance with the Rules governing the field. However, the Respondents till date have not granted any benefit to Petitioner.

4.

Learned State Counsel at this juncture fairly concedes that in case the Petitioner has been duly retired under the Rules, she would be entitled for all her dues at the earliest.

5.

Given the facts and circumstances of the case and the submissions which have been made by learned Counsels appearing for either side, the present Writ Petition at this juncture is being disposed of directing Respondents No. 2 to 4 to immediately process the retiral dues payable to Petitioner including the pensionary benefits and settle the same at the earliest, preferably within an outer limit of 90 days from the date of receipt of copy of this order. 6.

In the event of admitted dues are not settled within the said period of 90 days, the entire dues payable to Petitioner shall carry interest at the rate of 10% per annum from the date of her retirement till the date of actual payment. 7.

With the aforesaid observations, the Writ Petition stands disposed of. Sd/- (P. Sam Koshy) sharad JUDGE