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High Court Of ChhattisgarhWPL/31/2015disposed off

Laxmi Narayan Jaiswal v. State Of Chhattisgarh And ORS

2015-03-09Hon'Ble Shri Justice P. Sam Koshy2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (L) No. 31 of 2015 Laxmi Narayan Jaiswal S/o S/O Late Shri Mahadeo Prasad Jaiswal Aged About 72 years Resident Of P.S.- Chirmiri, District- Koria (C.G.) ----Petitioner

Versus

1.

State Of Chhattisgarh & Ors S/o Through: The Secretary, Department Of School, Mantralaya, Raipur (C.G.) 2.

Controlling Authority, Payment Of Gratuity Act. 1972, Baikunthpur, DistrictKoria (C.G.) 3.

President, Lahiri Multipurpose Higher Secondary School, Chirmiri, DistrictKoria (C.G.) 4.

Secretary, Lahiri Multipurpose Higher Secondary School, Chirmiri, DistrictKoria (C.G.) ---- Respondents For Petitioner:

Shri RK. Jaiswal, Advocate For Respondent No.1/State:

Shri Majid Ali, PL Single Bench:

Hon'ble Shri P. Sam Koshy, J Order On Board 09/03/2015 Learned counsel for the petitioner submits that the petitioner is a retired lecturer from respondent No.3/School and that he had superannuated from services w.e.f 30.11.2000. However, though he is retired, by now for 15 years, he has not received the payment of gratuity. Meanwhile, he had approached respondent No.2, the controlling authority under the Payment of Gratuity Act, 1972 who has vide its order dated 5.8.14 (Annexure P-1), passed an award in favour of the petitioner granting an amount of Rs.2,85,525/- as gratuity, but till date, the petitioner has not received the said amount.

2.

The petitioner has also approached respondent No.2/controlling

authority for initiating Revenue Recovery case against the respondents for execution of the award but no substantial progress has been made and therefore, prays that respondent No.2/authority may be given certain directions for ensuring the execution of the award at the earliest. 3.

State counsel does not have any objection to the limited prayer made by counsel for the petitioner.

4.

Accordingly, the present petition is disposed of with a direction that respondent No.2/authority shall take all necessary steps and measures ensuring the execution of the award at the earliest invoking all the powers conferred upon him under the Payment of Gratuity Act, 1972 which includes initiating Revenue Recovery case proceedings also. 5.

With the aforesaid direction, Writ Petition (L) stands disposed of. J U D G E Priya