Devpujan Yadaw v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5680 of 2021

1. Devpujan Yadaw S/o Lt. Shri Ramdas Yadaw Aged About 62 Years R/o Ward No. 02, Killa Para, Dongargaon, Rajnandgaon, P. S. Rajnandgaon, District Rajnandgaon Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Government Of Chhattisgarh Mantralaya Mahanadi Bhawan, Raipur, District Raipur Chhattisgarh

2. The Director Directorate Of Urban Administration And Development, Raipur, District Raipur Chhattisgarh

3. The Commissioner Employees Provident Fund Office, Raipur, District Raipur Chhattisgarh

4. The Nagar Panchayat, Dongargaon Through The Chief Municipal Officer, District Rajnandgaon Chhattisgarh ---- Respondents For Petitioner :

Mr. Animesh Verma, Advocate For State :

Mr. Jitendra Pali, Dy. A.G.

For Respondent No. 3 :

Mr. Ajay Kumar Dwivedi, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order On Board 07.10.2021

1. Counsel for the petitioner makes a submission that the writ petition at this juncture be disposed of, since the petitioner has recently retired and he is facing severe financial crises and that he is also not being released of his pensionary benefits. The counsel for the petitioner also further submits that the petitioner is also having certain serious medical ailment for which also he requires constant monetary assistant of his medical treatment.

2. It's a case where the petitioner was originally serving under the erstwhile

Madhya Pradesh State Road Transport Corporation (MPSRTC). Subsequent to the creation of the State of Chhattisgarh, the services of the petitioner came under the control of the Nodal Agency established by the State of Government i.e. Chhattisgarh Infrastructure Development Corporation (CIDC). Working under the CIDC, the services of the petitioner was sent on deputation to the respondent No. 4 in March 2006 where the petitioner subsequently was absorbed in services in April 2016. The petitioner thereafter has now retired from service on 31.07.2020.

3. The contention of the petitioner is that the petitioner has got only the amount under the Family Welfare Scheme and funds amounting to Rs. 10,530/- apart from this, the petitioner has not received any single penny.

4. Counsel for the petitioner submits that he is entitled for pension and other benefits also, which the respondents have not considered and decided and therefore as of now the writ petition be disposed of directing the respondents to consider/decide his claim for post retiral benefits including pensionary benefits at the earliest.

5. Without mentioning anything so far as the entitlement part as also so far as merits of the case is concerned, the present writ petition at this juncture is disposed of directing the respondents No. 2 to 4 to immediately process the claim of the petitioner for grant of post retiral benefits like; gratuity, leave encashment and other benefits which the petitioner was entitled for under the service rules governing the field at the earliest preferably within a period of 60 days from the date of receipt of copy of this order.

6. The present writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge Jyoti