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High Court Of ChhattisgarhWPS/3263/2021disposed off

Ramchandra Upadhyay v. State Of Chhattisgarh,

2021-07-08Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3263 of 2021 Ramchandra Upadhyay S/o Late Kashi Prasad Upadhyay, Aged About 63 Years R/o Ward No. 11, Bhagat Chowk, Janjgir, District - Janjgir - Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Petitioner

Versus

1.

State Of Chhattisgarh, Through The Secretary, Urban Administration And Development Department, Mahanadi Bhawan, Mantralaya, New Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2.

The Accountant General, Government Of Chhattisgarh, Zero Point, Balodabazar Road, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3.

The Director, Urban Administration And Development Department, Fourth Floor, Indravati Bhawan Atal Nagar, New Raipur Chhattisgarh., District : Raipur, Chhattisgarh 4.

The Chief Municipal Officer, Nagar Palika Parishad, Janjgir - Naila, District - Janjgir - Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 5.

The Joint Director, Treasury, Accounts, And Pension, Bilaspur, District - Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ----Respondents For Petitioner :

Mr. Ramakant Pandey, Advocate For State :

Mr. Jitendra Pali, Dy. A.G.

For Respondent No.2 :

Mr. Ashwani Shukla, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 08/07/2021 1.

Aggrieved by the inaction on the part of the respondents in not settling the retiral dues payable to the petitioner on his retirement on 30.06.2020, the present writ petition has been filed. 2.

The counsel for the petitioner makes a categorical statement that till the date of retirement and even subsequently there has been no departmental enquiry or any recovery proceedings outstanding

against the petitioner, neither is the petitioner involved in any criminal case while in service, therefore there is no reason, why the retiral dues payable to the petitioner could not be settled. 3.

The learned counsel appearing for the respondents submits that the writ petition be disposed of directing the respondent authorities to take a prompt decision in this regard.

4.

In view of the submissions made by the counsel for the petitioner and also the counsel for the respondents, the writ petition at this juncture stands disposed of directing the respondents No.2 to 4 to immediately process the claim of the petitioner, so far as grant of retiral dues are concerned and the entire payable dues should be settled at the earliest preferably within a period of 60 days from the date of receipt of the copy of this order.

5.

In case if the payable amount is not paid within 60 days, the entire amount payable to the petitioner by way of retiral dues including pensionary benefits and arrears of pension, the same shall carry interest @10% per annum from the date of retirement till the date of actual payment. The interest part would be recoverable from the erring officials, who fail to promptly process the retiral dues of the petitioner.

6.

With the aforesaid observations, the present writ petition stands disposed of.

Sd/- (P. Sam Koshy) Judge Ved