High Court Of ChhattisgarhWPS/2514/2020disposed off

Nizam Khan v. State Of Chhattisgarh

2020-07-01Hon'Ble Shri Justice Goutam Bhaduri2 pages

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2514 of 2020 • Nizam Khan S/o Shri Shish Khan Aged About 65 Years R/o Village And Post Jilga, Tahsil And District Korba, District Korba Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, (Resham Department) Rural Industries Mantralay, Mahanadi Bhawan, Atal Nagar District New Raipur Chhattisgarh

2. The Director Directorate Of Rural Industries, (Resham Department) Chhattisgarh, Indrawati Bhawan, Block - 1, 4th Floor, Atal Nagar District Raipur Chhattisgarh

3. Assistant Director (Resham) Kosabadi Parisar Korba, District Korba Chhattisgarh

4. Joint Director Treasury, Account And Pension, Bilaspur, District Bilaspur Chhattisgarh.

---- Respondents For Petitioner :

Ms. Varsha Sharma, Advocate.

For State :

Mr. Amrito Das, Addl A.G.

Hon'ble Shri Justice Goutam Bhaduri Order 01/07/2020

1. The limited grievance that the petitioner has raised in the present writ petition is that though the petitioner has been retired as a ClassIV employee w.e.f. 31.08.2017, the petitioner has not been granted gratuity and benefit of leave encashment.

2. According to the petitioner he is being paid pension, however counsel for the petitioner further submits that except for gratuity and leave encashment the petitioner has received all other retiral dues.

-23. Given the fact and perusal of the pleadings would show that the petitioner was initially engaged as Daily Wage Employee way back in the year 1972 and was regularized by the department in the year 2008 and he retired from service on 31.08.2017.

4. Given the facts, this Court is of the opinion that no fruitful purpose would be served in keeping the writ petition pending rather ends of justice would meet if the writ petition is disposed off with a direction to the respondent No. 2 to 4 to immediately process the claim of the petitioner so far as the releasing of the gratuity and leave encashment is concerned. While considering the said, authorities concerned would also take note of the decision of the Supreme Court in the case of Netram Sahu Vs. State of Chhattisgarh, decided on 23.03.2018 in Civil Appeal No. 1254/2018.

5. Let this exercise be completed by the authorities concerned within a period of four months from the date of receipt of copy of this order. Sd/- (Goutam Bhaduri) Judge Jyoti