Shri Lalit Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (SERVICE) NO. 2493 OF 2021

1. Shri Lalit Singh, aged 31 years, S/o Late Shri Yadav Singh Kanwar, R/o 14/389, through Gopal Patel, Tarakunj, Vibha Rao Road, L-1, Vinoba Nagar, Tahsil & District Bilaspur (CG)

2. Ku. Malvika Singh, aged 29 years, S/o Late Shri Yadav Singh Kanwar, R/o 14/389, through Gopal Patel, Tarakunj, Vibha Rao Road, L-1, Vinoba Nagar, Tahsil & District Bilaspur (CG)

3. Ku. Asha Singh, aged 28 years, S/o Late Shri Yadav Singh Kanwar, R/o 14/389, through Gopal Patel, Tarakunj, Vibha Rao Road, L-1, Vinoba Nagar, Tahsil & District Bilaspur (CG)

...Petitioners

versus 1.

State of Chhattisgarh, through the Secretary, Department of Commercial Tax, New Raipur (CG) 2.

Commissioner, Commercial Tax Department, Government of Chhattisgarh, Raipur (CG) 3.

Divisional Joint Director, Treasury, Accounts and Pension, Bilaspur (CG) 4.

Accountant General (A&E), Raipur Zero Point, District Raipur (CG) 5.

Commercial Tax Officer, Circle-I, Raigarh (CG) ... Respondents For Petitioners :

Mr. Ritesh Verma, Advocate.

For Respondents No.1, 2, 3 & 5 :

Mr. Rahul Jha, Govt. Advocate.

For Respondent No.4 :

Mr. Ashwani Shukla, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 24/06/2021 1.

The dispute in the present Writ Petition seems to be the nonsettlement of the retiral dues payable to the employee i.e. Shri Yadav Singh Kanwar who superannuated from service on 28.2.2011 and subsequently died on 24.2.2016.

2.

Learned Counsel for Petitioner submits that the father of Petitioners, Late Yadav Singh Kanwar, after his retirement had been running from pillar to post before the Authorities in the Department for

settlement of his retiral dues but except for the meager amount of pension which was released, no retiral dues have been released to the deceased employee in his lifetime and therefore the Petitioners now have come up for the retiral dues which their father was entitled for including the family pension benefits to Petitioners No.2 & 3 as they are unmarried daughters of the deceased employee. 3.

Since it is the matter of payment of retiral dues and there is already a High Powered Committee constituted for redressal of the claim arising out of retiral dues, this Court is of the opinion that the present Writ Petition can be disposed of directing the Respondent-State to refer the matter to the said Committee constituted for the settlement of retiral dues and the said Committee in turn shall scrutinize whether the dues payable to the deceased employee, Late Yadav Singh Kanwar, have been settled or not and if the same have not been settled then appropriate steps be taken and if the same have been settled, appropriate intimation be given to Petitioners in this regard. Let this exercise be completed within a period of 120 days.

4.

Writ Petition accordingly stands disposed of with above directions. Sd/- (P. Sam Koshy) Judge sharad