V. P. Kumthekar, v. State Of Chhattisgarh,

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4930 of 2021 V. P. Kumthekar, S/o Shri Prabhakar Kumthekar, Aged About 61 Years R/oC-10, Arjun Vihar Colony, Mahoba Bazar, Tatibandh, Raipur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh, Through - Its Secretary, Department Of Pashudhan Vikash, Mantralaya, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, Chhattisgarh

2. Chhattisgarh State Dairy Co-Operative Federation Ltd., Through - Its Managing Director, Village - Urla, Post - Bmy Charoda, Police Station Charoda, District - Durg, Chhattisgarh ---- Respondents For Petitioner :

Shri Neeraj Choubey, Advocate.

For State :

Mr. Amrito Das, Addl. AG with Mr. Kunal Das, PL Hon'ble Shri Justice P. Sam Koshy Order on Board 15.09.2021.

1. Grievance of Petitioner in the present Writ Petition seems to be the nonreleasing of difference of payment of gratuity in the light of the upper sealing in the Payment of Gratuity Act being enhanced from Rs.10 Lakh to Rs.20 Lakh. Another relief which Petitioner is claiming for is the arrears of the annual increment, pursuant to which he became entitled for the revision of pay scale which has been given effect to with effect from 1.1.2016 onwards.

2. Learned Counsel for Respondent No.2 submits that as per the directions of this Court he has already sought instructions from the Department and it has been informed that there is no dispute so far as the entitlement of Petitioner is concerned and that, except for the paucity of funds, the

-2Petitioner would be paid the entire amount at the earliest after due verification and calculation as regards the entitlement part.

3. Given the said submission by learned Counsel for Respondent No.2, what needs to be appreciated at this juncture is that the Petitioner stood retired about more than 1 year ago. The period of 1 year is quite a long time for any retired employee to receive his post retiral benefits. The entitlement of Petitioner fructified before his retirement. It is not a case where the benefits have accrued subsequent to his retirement and in spite of that waiting for more than 1 year for clearance of his retiral dues is quite some time. Paucity of funds can never be a ground for settlement of dues of a retired employee.

4. Without further delving into the issue, this Court therefore is of the opinion that the present Writ Petition as of now can be disposed of directing the Respondents to ensure that the entire admissible dues payable to the Petitioner be cleared by Respondent No.2 positively within a period of 60 days from the date of receipt of copy of this Order, failing which the entire amount payable shall carry interest at the rate of 10% per annum from the date of retirement of Petitioner till the actual payment is made.

5. Writ Petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge Rohit