Narendra Singh Bais v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3303 of 2021

1. Narendra Singh Bais S/o Late Shri Mahman Singh Bais Aged About 63 Years Retired District Sports Officer, Sports And Youth Development, District- North Baster Kanker, R/o Azad Chowk, Akaltara, District- Janjgir- Champa, Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Sports And Youth Development, Mantralaya, Mahanadi Bhawan, Naya Raipur, Chhattisgarh.

2. Director Directorate Of Sports And Youth Development, Sardar Vallabh Bhai Patel, International Hockey Stadium, G.E. Road, Raipur, District- Raipur, Chhattisgarh.

3. District Sports Officer Sports And Youth Development, District- North Baster, Kanker, Chhattisgarh.

4. Accountant General Office Of The Accountant General, Raipur, Chhattisgarh ----Respondents For Petitioner : Shri Anil Pandey, on behalf of Shri Vinay Pandey, Advocates.

For State : Ms. Akanksha Jain, Dy. G.A.

For Respondent No. 4 : Shri Raj Kumar Gupta, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order On Board 06.07.2021

1. The limited relief that the petitioner has prayed for in the present writ petition is for an appropriate direction to the respondents to consider for releasing of the entire retrial dues payable to the petitioner on his retirement at the earliest.

2. According to the petitioner, he stands retired on the post of District Sports Officer w.e.f. 31.07.2020. Though about a year has passed, till date the retiral dues has not been settled and finalized.

3. The contention of the petitioner is that in between he was placed under

suspension for a period between 08.03.2018 to 31.07.2020. Subsequently vide Annexure P/3 dated 02.01.2021, the petitioner has been inflicted with a punishment holding that the period between 08.03.2018 till 31.07.2020 to be treated as period not spent on duty and that for the said period except for the subsistence allowance, the petitioner would not be entitled for any other benefits. The counsel for the petitioner as of now claims that he be given the retiral dues at the earliest, now that the respondents have also issued the final order so far as the disciplinary proceedings that was contemplated pursuant to the suspension order dated 08.03.2018.

4. Considering the entire facts and circumstances of the case, the writ petition at this juncture is disposed of the directing the respondents No. 2 to 4 to take prompt steps in ensuring that the entire retiral dues as per law payable to the petitioner is processed and settled within a period of 90 days from the date of receipt of copy of this order.

5. In the absence of the respondents not being able to settle the retiral dues payable to the petitioner as per law within the stipulated period of 90 days, the entire retrial dues payable to the petitioner shall carry interest @ 10 % per annum from the date of his retirement till the actual payments are made. The interest part can be recovered from the Erring Officials who fail in discharging the duty in promptly processing the retiral dues of the petitioner.

6. With the aforesaid observations, Writ Petition stands disposed of. Sd/- 1.

P. Sam Koshy Judge Jyotijha