High Court Of ChhattisgarhWPS/2318/2020disposed off

Anil Kumar Dubey v. State Of Chhattisgarh

2020-06-22Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2318 of 2020 • Anil Kumar Dubey S/o Late Shri Devi Dutt Dubey, Aged About 64 Years R/o H. No. C-27, Sector-7, New Rajendra Nagar, Raipur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary, Department of Water Resource, Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur Chhattisgarh

2. Engineer-In-Chief Mahanadi Godawari Kachhar, Department of Water Resources, Government Of Chhattisgarh, Raipur Chhattisgarh

3. The Secretary Department Of Finance, State Of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur Chhattisgarh ---- Respondents For Petitioner :

Shri Sharad Mishra, Advocate For Respondents/State :

Ms. Akanksha Jain, Dy. GA Hon'ble Shri Justice Goutam Bhaduri Order 22/06/20

1. Heard.

2. The grievance of the petitioner is that the petitioner retired on 31.12.2017. It is contended that the retiral dues of the petitioner i.e. the pensionary benefits and other emoluments have not been settled till date and the petitioner is running from pillar to post.

3. Learned counsel for the petitioner would submit that the State may be directed to release the retiral dues of the petitioner within a short period.

4. Learned State counsel on the other hand would submit that 90% pension of the petitioner has already been released and only 10% is remaining.

5. Considering the submission of the parties, it is not in dispute that the petitioner has retired on 31.12.2017, taking into such fact that the petitioner has already retired on 31.12.2017, without going into the fact that how much amount is released and how much is left, it is obvious that when an employee is superannuated the retiral dues are to be settled forthwith. Considering the fact that as of now since the petitioner refers to the representation dated 06.02.2020, it is directed that the respondent No.1 shall decide the pending representation of the petitioner within a period of 90 days from the date of receipt of copy of this order and while deciding the representation if it is found that the petitioner is entitled for the retiral dues including the pension and other emoluments, in such case, the same shall be released within a period of 30 days from the order on the representation.

6. With the aforesaid observation, the writ petition stands disposed of. SSd/- Goutam Bhaduri Judge Ashu