Hargovind Rawat v. Managing Director

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3992 of 2021 Hargovind Rawat S/o Late Raghuwar Dayal Rawat Aged About 69 Years Retired Inspector Khadi Bhandar Raipur, District Raipur Chhattisgarh R/o Near Durg Public School, Sai Nagar, Durg, Tahsil And District Durg Chhattisgarh.

---- Petitioner

Versus

1.

Managing Director Khadi Avam, Gramoudyog Board, Gandhi Bhavan, Keyur Bhushan Memorial Complex, Kankalipara, Raipur District Raipur Chhattisgarh.

2.

The Chairman Khadi Avam Gramoudyog Board, Gandhi Bhavan Keyur Bhushan Memorial Complex, Kankalipara, Raipur District Raipur Chhattisgarh.

3.

Manager Khadi Avam Gramoudyog Board, Gandhi Bhavan, Keyur Bhushan Memorial Complex Kankalipara, Raipur, District Raipur Chhattisgarh ----Respondents For Petitioner :

Mr. Ajay Thakre, Advocate For Respondents :

Mr. Jitendra Pali, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 05/08/2021 1.

The dispute in the present writ petition seems to be the unpaid salary for the period between 10.10.2018 to 28.12.2018 as also for the period between 01.01.2020 to 29.12.2020.

2.

The counsel for the petitioner submits that the petitioner herein retired from the post of Inspector under the respondents. However, though the petitioner stood retired in the year 2019, however by an order Annexure P/1 dated 19.09.2019, his services was continued on contractual basis initially for a period of one year and the renewal

went on periodically every year and the petitioner continuously worked with the respondents till December, 2020.

3.

The contention of the petitioner is that in between for the period between 10.10.2018 to 28.12.2018 for a period of three months and from 01.01.2020 to 29.12.2020 for a period of 12 months i.e. in all 15 months, the petitioner though he has discharged his duties, but he has not been paid the salary.

4.

Given the limited grievance that the petitioner has, this Court is of the opinion that the writ petition at this juncture need not be kept pending by admitting the same and calling the reply of the respondents. Let the respondents scrutinize the claim of the petitioner for employment against his claim for salary for the period he has discharged duties for the aforementioned 15 months period.

5.

Let the respondents, on due scrutiny and verification of the entire records take appropriate steps so far as releasing of the salary if the petitioner is entitled for the same under the Rules and Regulations of the establishment. Let appropriate decision be taken at the earliest preferably within a period of 60 days from the date of receipt of the copy of this order. If the respondents find the petitioner not entitled for any of the claim that he is making, the petitioner be duly intimated about the same.

6.

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

Sd/- (P. Sam Koshy) Judge Ved