Chunnilal Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 4529 of 2020 Chunnilal Sahu S/o Shri Uday Ram Sahu, Aged About 62 Years, Retired-Revenue Inspector At- District Office, Land Records, Balod (Chhattisgarh) R/o H. No.-33, Sanjay Nagar, Daundilohara (Chhattisgarh), Distt. Balod (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through - The Secretary, Department Of Revenue, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, Raipur

2. The Commissioner, Durg Division, Durg (Chhattisgarh)

3. The Collector, District- Balod (Chhattisgarh) ---- Respondents For Petitioner :

Mr. R. K. Kesharwani, Advocate For State :

Mr. Sudeep Verma, Dy. Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 25.11.2020

1. The grievance of the petitioner in the present writ petition is that in spite of the petitioner stands retired from service w.e.f. 31.07.2020, the retiral dues like pension, gratuity, leave encashment etc. have not been released to the petitioner till date.

2. According to the petitioner, there is no disciplinary proceedings pending against him and that there is no other impediment in the way of the petitioner for being not released his pension and other retiral

dues to him. According to the petitioner, this High Court has already in the case of Angad Prasad Vishwakarma Vs. State of Chhattisgarh & others passed in WPS No. 463/2017 categorically held that the retiral dues should be released promptly on the retirement of an employee whereas in the instant case though more than 3 months has passed yet the retiral dues have not been finalized so far as the petitioner is concerned.

3. Given the limited grievance that the petitioner has, the writ petition stands disposed of at this juncture directing the respondents 2 & 3 to ensure that the retiral dues payable to the petitioner is processed and released at the earliest preferably within 90 days from today.

4. It is made clear that if without any justifiable reasons the retiral dues is not released within the period specified by this Court, the entire retiral dues payable to the petitioner shall carry interest @ 10% per annum from the date the petitioner has retired till the actual date of payment.

5. The respondents would also be at liberty to recover the interest part, if any, payable to the petitioner from the erring officer who deliberately delays the processing of the retiral dues of the petitioner.

6. The writ petition accordingly stands disposed of. Sd/- P. Sam Koshy Judge Khatai