Awadhesh Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3802 of 2021 Awadhesh Singh S/o Sukhpal Singh Aged About 65 Years R/o Village Taraud, Police Station Akaltara, District Janjgir Champa Chhattisgarh ---- Petitioner

Versus

1.

State Of Chhattisgarh Through The Secretary, Cooperative Department, Mahanadi Bhawan, Mantralaya, New Raipur District Raipur Chhattisgarh 2.

The Registrar Cooperative Societies, Indravati Bhawan, Raipur Chhattisgarh 3.

The Chief Executive Officer District Cooperative Central Bank Limited, Head Office, Nehru Chowk Bilaspur Chhattisgarh ----Respondents For Petitioner :

Mr. Ramakant Pandey, Advocate For State :

Mr. Ayaz Naved, G.A.

For Respondent No.3 :

Mr. Jitendra Shrivastava, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 16/08/2021 1.

The grievance of the petitioner in the present writ petition is the nonreleasing of the retiral dues payable to the petitioner on his retirement. 2.

According to the petitioner, he stood retired from service on 31.12.2015. However, inspite of around 6 years having lapsed, the petitioner till date has not been given any post retiral benefits including gratuity, group insurance, leave encashment, etc. The petitioner further submits that he has not been subjected to any disciplinary proceedings by the employer till his retirement, in as much as there was no charge-sheet whatsoever issued till his retirement.

3.

At this juncture, learned counsel for the respondent No.3 submits that perhaps there is some inquiry pending before the Deputy Registrar of the Cooperative Societies, so far as the petitioner is concerned. To which according to the petitioner, he has never been noticed whatsoever.

4.

Given the aforesaid facts, it appears that there is no formal order whatsoever passed against the petitioner, so far as initiation of any disciplinary proceeding is concerned or in respect of the petitioner being found guilty of having committed any misconduct. 6 years time from the time of retirement without post retiral benefits is quite a long period.

5.

Under the circumstances, the respondents No.2 & 3 are directed to ensure that all admissible dues payable to the petitioner in accordance with the service rules governing the petitioner's service condition should be settled on or before 90 days from the date of receipt of the copy of this order. In case of any disputed dues, the same should be immediately intimated to the petitioner, so that the said action of the respondents would be subjected to challenge before the concerned authorities under the provisions of Chhattisgarh Cooperative Societies Act.

6.

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

Sd/- (P. Sam Koshy) Judge Ved