High Court Of ChhattisgarhWPS/3252/2020disposed off

Dukhuram Dhobi v. State Of Chhattisgarh

2020-08-20Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3252 of 2020 • Dukhuram Dhobi S/o Shri Dhanmali Dhobi, Aged About 65 Years R/o Village Sanda, Post Bar, Tahsil And P.S. Baramkela District Raigarh Chhattisgarh. (Wrongly Mentioned Father Name As Banmali In The Regularization Order) ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Rural Industries Mantralay, (Resham Department) Mahanadi Bhawan, Atal Nagar, District Raipur Chhattisgarh

2. The Director, Directorate Of Rural Industries, (Resham Department) Chhattisgarh, Indrawati Bhawan, Block-1, 4th Floor, Atal Nagar, District Raipur Chhattisgarh

3. Joint Director (Resham), Circuit House Road, Urdana, District Raigarh Chhattisgarh

4. Joint Director, Treasury, Account And Pension, Bilaspur, District Bilaspur Chhattisgarh ---- Respondents For Petitioner :

Ms. Laxmeen Kashyap, Advocate For Respondents/State :

Ms. Akanksha Jain, Dy. GA Hon'ble Shri Justice Goutam Bhaduri Order 20/08/20

1. Heard.

2. The limited grievance which the petitioner has raised in the present writ petition is that though the petitioner has been retired as a Class-IV employee on 31.01.2017, the petitioner has not been granted gratuity and benefit of leave

encashment.

3. According to the petitioner he is being paid pension, however counsel for the petitioner further submits that except for gratuity and leave encashment the petitioner has received all other retiral dues.

4. Given the fact and perusal of the pleadings would show that the petitioner was initially engaged as Daily Wage Employee way back in the year 1985 and was regularized by the department in the year 2008 and he retired from service on 31.01.2017.

5. Given the facts, this Court is of the opinion that no fruitful purpose would be served in keeping the writ petition pending rather ends of justice would meet if the writ petition is disposed off with a direction to the respondent No. 2 to 4 to immediately process the claim of the petitioner so far as the releasing of the gratuity and leave encashment is concerned. While considering the said, authorities concerned would also take note of the decision of the Supreme Court in the case of Netram Sahu Vs. State of Chhattisgarh, decided on 23.03.2018 in Civil Appeal No. 1254/2018.

6. Let this exercise be completed by the authorities concerned within a period of four months from the date of receipt of copy of this order. SD/-Sd/-/- Goutam Bhaduri Judge Ashu