High Court Of ChhattisgarhWPS/4742/2020disposed off

Bhuvan Lal Sinha v. State Of Chhattisgarh

2020-12-08Hon'Ble Shri Justice P. Sam Koshy2 pages

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (S) No. 4742 of 2020

1. Bhuvan Lal Sinha S/o Dasharath Lal Sinha Aged About 62 Years Retired From The Post Of Agriculture Extension Officer Office Of Assistant Land Conservation Officer Dhamtari, District Dhamtari Chhattisgarh. ---Petitioner(s)

Versus

1. State of Chhattisgarh Through The Secretary Department Of Agriculture Mahanadi Bhawan Atalnagar Raipur District Raipur Chhattisgarh.

2. The Joint Director, Agriculture Raipur Division Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

3. The Assistant Land Conservation Officer Dhamtari District Dhamtari Chhattisgarh, District : Dhamtari, Chhattisgarh

4. The Joint Director, Treasury, Account And Pension Dhamtari District Dhamtari Chhattisgarh, District : Dhamtari, Chhattisgarh ---Respondents For Petitioner :

Shri AN Pandey, Advocate.

For State :

Shri Sudeep Verma, Dy. Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 08.12.2020.

1. The grievance of the petitioner in the present writ petition is non releasing of payment of gratuity due to the petitioner on his retirement and also non releasing of 10 percent of the pension which has again been retained by the respondents while releasing 90 percent.

2. According to the petitioner, he stands retired w.e.f. 31.03.2020. It is the further contention that on the date of his retirement he was not subjected to any disciplinary proceedings in as much there was no charge sheet issued or a departmental enquiry pending. Neither is there any such proceedings which has been issued or initiated subsequent to his retirement and there is no good reason for not releasing gratuity and the balance of 10 percent of pensionary amount.

3. Given the limited contention that the petitioner has made, the writ petition at this juncture stands disposed of directing the respondents No.2 to 4 to

-2immediately process the claim of the petitioner so far as release of his gratuity and balance of 10 percent of pension is concerned in accordance with law at the earliest preferably within a period of 90 days from the date of receipt of copy of this order.

4. The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge inder