Firturam v. The State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2773 of 2017 Firturam S/o Late Ratnuram Sakshi, Aged About 63 Years R/o Village Sorid Nagar, Bastar Road, Purana Naka, Behind Shif Mandir, Dhamtari, District Dhamtari (Chhattisgarh).

---- Petitioner

Versus

1. The State Of Chhattisgarh Through : The Secretary, Revenue And Disaster Management Department, Mahanadi Bhawan, Naya Raipur, District Raipur (Chhattisgarh).

2. The Collector, Bemetara, District Bemetara (Chhattisgarh).

3. The District Treasury Officer, Bemetara, District Bemetara (Chhattisgarh). ---- Respondents For Petitioner :

Shri P.P. Sahu, Advocate For State :

Shri S.P. Kale, Dy. A.G.

S.B. Hon'ble Shri Justice P. Sam Koshy Order On Board 30/06/2017 Heard.

1. The limited grievance of the petitioner in the present writ petition is non-release of his retiral dues and other pensionary benefits.

2. Learned counsel for the petitioner submits that the petitioner had worked under the respondents as Nayab Tahsildar and superannuated w.e.f. 30.6.2016. He submits that over a year has been elapsed but till date, the respondents have not released any amount of retiral dues and pension to the petitioner. He submits that only bad mark against the petitioner was an order of punishment dated 16.8.2016 (Annexure P-2), wherein the petitioner's absence without permission from the department for a period of 594 days has been ordered to be treated as dies-non. He further submits minus the period of dies-non, the petitioner is still entitled for pension and retiral dues and it cannot be denied by the respondents under any circumstances. He further submits that there is no other pending departmental enquiry against the petitioner to be decided.

-23. In view of the aforesaid facts and the submissions made by learned counsel for the petitioner, this Court is of the opinion that no fruitful purpose would be served in keeping the petition pending, rather than ends of justice would meet if the petition is disposed of at this juncture with a direction to respondents No.1 & 2 to take prompt steps in respect of release of the retiral dues of the petitioner and forwarding pension paper of the petitioner to the competent authority at the earliest. It is expected that respondent No.1 & 2 shall take decision in the case of the petitioner within a period of 90 days from the date of receipt of certified copy of this order. The petitioner is directed to submit a detailed representation to respondents No. 1 & 2 in this regard with all supporting documents within a period of 15 days from today.

4. The petition is accordingly disposed off.

Sd/-/- (P. Sam Koshy) Judge Praveen