Rajendra Tiwari v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5247 of 2017 Rajendra Tiwari S/o Late Taturam Tiwari, Aged About 64 Years Retired Head Master, R/o C/o Tiwari Fabrication & Engineering Works, Opposite Of Hotel Shyam Vatika, Raipur Bilaspur Road, Nayapara, Bodri, District Bilaspur Chhattisgarh Civil & Revenue District Bilaspur ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of School Education, Capital Complex, Mahanadi Bhawan, Naya Raipur, Tahsil & District Raipur Chhattisgarh.

2. The Accountant General, Chhattisgarh Raipur

3. The Joint Director, Treasury, Accounts And Pension, Bilaspur

4. The District Education Officer, District Bilaspur Chhattisgarh, ----Respondents For Petitioner :

Mr. Devesh Chandra Verma, Advocate For Respondent No. 1 & 4 :

Mr. D.R. Minj, Dy. G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 09/10/2017

1. The petitioner has been filed by the present petitioner on the ground that the petitioner though has retired from his service on 30.04.2013, though more than 4 1⁄2 years has passed, the respondents till date have not released the retiral dues payable to the petitioner.

2. The petitioner is facing much hardship in his post retirement life without the retiral benefits being released to him.

3. From the contents of writ petition it reflects that the petitioner is not subjected to any disciplinary proceedings nor is there any order which has been passed by the respondents withholding the retiral dues.

4. Under the given facts and circumstances of the case, the present writ petition is disposed of with a direction to the respondent No.1 to

forthwith to issue necessary instruction to the concerned officer for taking appropriate steps in the releasing of the retiral dues to the petitioner within a period of three months from today.

5. Considering the fact that there is no explanation whatsoever for the retiral dues not being released promptly the authorities concerned shall also consider the case of the petitioner for grant of interest for delayed payment and the Government shall have the liberty of recovering the interest part from those officials/employees who were responsible in not promptly releasing the retiral dues.

6. Let necessary steps be taken by the respondent No.1 ensuring the release of the entire retiral dues with interest if he so entitled for within a period of 3 months from today.

7. Needless to mention that the department would have the liberty of scrutinizing the case of the petitioner as to whether the retiral dues have been withheld for any justified reason or not? Sd/- (P. Sam Koshy) Judge Ved