Dharmnath Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) NO. 3963 OF 2021 • Dharmnath Singh, S/o Late Shri Shivpujn Singh, aged about 63 years, R/o Housing Board Colony, H.No. Cedar 1/99, Boriyakala, Post Office - Mana Camp, Raipur (CG) ... Petitioner versus 1.

State of Chhattisgarh, through Secretary, Department of Home Affairs, Chhattisgarh Government, Mahanadi Bhawan, Naya Raipur (CG) 2.

Director General of Police, Police Head Quarter, Naya Raipur, Atal Nagar Naya Raipur, Raipur (CG) 3.

Commandant, 4th Battalion, Chhattisgarh Armed Force (C.A.F.), Mana Raipur (CG) ... Respondents For Petitioner :

Mr. Rakesh Dubey, Advocate.

For Respondents :

Mr. Jitendra Pali, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board /08/2021 1.

Matter is listed on I.A. No.1 - application for exemption from filing the typed copy of Annexure P-1 & P-2.

2.

On due consideration, I.A. No.1 is allowed and the Petitioner is exempted from filing the typed copy of Annexure P-1 & P-2. 3.

With the consent of learned Counsels appearing for the respective party, heard the matter finally on admission stage itself. 4.

The limited grievance that Petitioner has in the present Writ Petition is the inaction on the part of Respondents in not settling the retiral dues which are payable to Petitioner, in spite of the fact that the Petitioner has retired from services about 10 months back.

5.

Petitioner in the instant case serving as an Assistant Commandant under Respondent No.3 retired from services on 30.9.2020. Though more than 10 months have passed, the Petitioner has not been released any retiral dues. 6.

Learned Counsel for Petitioner makes a categorical statement that till the date of retirement, there was no departmental enquiry or any disciplinary proceeding pending against the Petitioner and that there was also no criminal case or any other proceeding pending against the Petitioner which could have stalled or delayed the payment of retiral dues.

7.

Given the said submission by learned Counsel for Petitioner, the present Writ Petition at this juncture is disposed of directing Respondents No.2 & 3 to immediately process the entire retiral dues payable to Petitioner and settle the same within a period of three months from the date of receipt of copy of this Order.

8.

If the retiral dues payable to Petitioner are not released within the stipulated period of three months, the entire dues shall carry interest at the rate of 10% per annum from the date of retirement till the actual payment is made. The interest part shall be recoverable from the erring Officials who have delayed the timely release of the retiral dues to Petitioner. 9.

With aforesaid direction/observation, the Writ Petition stands disposed of. Sd/- (P. Sam Koshy) /sharad/ JUDGE