High Court Of ChhattisgarhWPS/4699/2020dismissed

Subhash Chandra Kar v. State Of Chhattisgarh

2020-12-04Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4699 of 2020

1. Subhash Chandra Kar, S/o Shri Kartikeshwar Kar, Aged About 63 Years, Occupation Ex - Govt. Employee, Retd. Senior Internal Audit And Taxation Officer, Janpad Panchayat Saraipali, Thana And Tahsil Saraipali, Civil And Revenue, District : Mahasamund, Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh Through The Secretary, Panchayat And Rural Development Department, Mantralaya Mahanadi Bhawan, Capital Complex, Atal Nagar, New Raipur, District : Raipur, Chhattisgarh

2. Collector Mahasamund, District : Mahasamund, Chhattisgarh

3. Chief Executive Officer, Janpad Panchayat Saraypali, District : Mahasamund, Chhattisgarh ---- Respondents For Petitioner :

Mr. Sunil Sahu, Advocate For State :

Mr. Sudeep Verma, Dy. Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 04.12.2020

1. The present writ petition has been filed seeking for interest on delayed retiral dues payable to the petitioner.

2. At the outset, this Court is of the opinion that the writ petition would not be sustainable for the reason that the writ petition for the same relief earlier had been filed by the petitioner i.e., WPS No. 2681 of 2020. The said writ petition got disposed off on 14.07.2020 whereby the direction was to the petitioner to make a representation and the same be decided by the respondents within a period of forty five days.

3. Pursuant to the direction of this Court and also the representation that the petitioner has made, the respondents have subsequently released the entire retiral dues payable to the petitioner on 03.09.2020. Thus, what is evident from the pleadings is that the writ petition was disposed off on 14.07.2020 the claim of retiral dues was promptly released to the petitioner on 03.09.2020 without there being any inordinate delay on the part of the respondents.

4. Moreover once when the petitioner had claimed for interest at the first instance in the aforesaid writ petition and there being no order so far as granting of interest is concerned, a fresh claim for interest for the same cause of action by way of a fresh writ petition would not be maintainable.

5. For the aforesaid reason, the present writ petition being devoid of merits stands rejected.

Sd/- (P. Sam Koshy) Judge Rahul