Ramesh Kumar v. South Eastern Coal Field Limited

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3570 of 2021 Ramesh Kumar S/o Shri Harnarayan Aged About 56 Years Presently Posted As Drill Operator Special Grade Secl Kusmunda District Korba Chhattisgarh ---- Petitioner

Versus

1. South Eastern Coal Field Limited Through Its Chairman Cum Managing Director, Headquarter At Sipat Road, Bilaspur, Chhattisgarh

2. Director Personnel S.E.C.L., Sipat Road Bilaspur (Chhattisgarh)

3. General Manager Kusmunda Area, S.E.C.L., Vill. And P.O.- Jhagrakhand, P.S. Kusmunda Distt. Korba (Chhattisgarh)

4. Sub Area Manager Sub Area - Kusmunda, Area- Kusmunda, P.O.- Kusmunda Coaliery, P.S.- Kusmunda, Distt.- Korba (Chhattisgarh)

5. Mines Manager Kusmunda Coaliery, Sub Area- Kusmunda, Area - Kusmunda, P.O.- Kusmunda Coaliery, P.S.- Kusmunda, Distt.- Korba (Chhattisgarh) ---- Respondents For Petitioner :

Mr. R. K. Jha, Advocate.

For SECL :

Mr. Sudhir Kumar Bajpai, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 14/07/2021

1. With the consent of the parties, matter was heard and disposed of at admission stage.

2. The grievance of the petitioner is that though more than seven months that the petitioner has retired but till date he has not received singly penny towards retiral dues.

-23. According to the petitioner there is no legal impediments for non settlement of the dues under the rules governing the respondent establishment.

4. Given the aforesaid factual matrix of the case and also considering the fact that it is only release of the retiral dues, the writ petition at the admission stage is being disposed of directing the respondents to ensure that the entire payable dues to the petitioner on his retirement w.e.f. 31.12.2020 is processed, sanctioned and released to the petitioner within an outer limit of 60 days from the date of receipt of copy of this order. In case, if the respondents fail to settle the admissible payable dues within the given 60 days period, the entire retiral dues payable to the petitioner shall carry interest at the rate of 10% per annum from the date of retirement till the actual date of payment. The interest part incurred upon the respondent establishment would be recoverable from the erring officials who have failed in processing the dues payable to the petitioner promptly.

5. It is made clear that petitioner shall be entitled for whatever he is entitled under the service rules governing the field.

6. With the aforesaid observation, the writ petition stands disposed of. Sd/- (P. Sam Koshy) Judge Rohit