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High Court Of ChhattisgarhWPS/1603/2020disposed off

Shri Markand v. State Of Chhattisgarh

2020-03-06Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1603 of 2020 Shri Markand S/o Late Bhishan Aged About 67 Years R/o Virbhadra Nagar, Marwadi Shamshan Ghat Raipur, District Raipur Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhawan Mantralaya, Naya Raipur Chhattisgarh.

2. The Collector Raipur, District Raipur Chhattisgarh.

3. The Commissioner Municipal Corporation Raipur District Raipur Chhattisgarh.

4. Zone Commissioner Zone No. 05 Municipal Corporation Raipur District Raipur Chhattisgarh.

---- Respondents For Petitioner :

Shri Hemant Kesharwani, Advocate.

For State :

Ms. Binu Sharma, PL.

For respondents No.3 & 4 :

Shri Pankaj Agrawal, Advocate.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 06/03/2020 Heard.

1.

Learned Counsel for the petitioner contends that the controlling authority under the Payment of Gratuity Act has passed an order in his favour on 16/04/2018 (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 16/04/2018 and the RRC for Rs. 3,90,456/- has been issued, the same ought to have been executed by the Collector. The respondent no. 2 i.e. Collector- Raipur 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 his favour.

4.

Let this exercise be completed within a period of two months from the date of receipt of certified copy of this order.

5.

The present writ petition, accordingly stands disposed of. Sd/- (Goutam Bhaduri) Judge gouri