Nandlal Yadu v. Cg Khadi Tatha Gramodyog Board

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4338 of 2021 Nandlal Yadu S/o Late Dhaneshwar Yadu Aged About 70 Years R/o Toshgaon, Via Saraipali , District Mahasamund Chhattisgarh. ---- Petitioner

Versus

CG Khadi Tatha Gramodyog Board Through The Managing Director , Mahatma Gandhi Smriti Bhawan, Kankali Para Road, Sports Complex Premises, Raipur Chhattisgarh.

----Respondent For Petitioner :

Mr. N. Naha Roy, Advocate For Respondent :

Mr. R.S. Patel, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 18/08/2021 1.

The dispute in the present writ petition seems to be the unpaid salary for the period between 29.12.2019 to 31.12.2020. 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 2010, however by an order Annexure P/1 dated 19.09.2013, 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 29.12.2019 to 31.12.2020 for a period of 12 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 12 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. The respondents are also required to scrutinize the claim of the petitioner in respect of any unpaid dues, which he was otherwise legally entitled for while he was in service and post retirement. The same shall also be decided along with the claim of the petitioner for salary for the aforementioned period. 6.

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

Sd/- (P. Sam Koshy) Judge Ved