R.K.Shukla v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5131 of 2020

1. R.K.Shukla, S/o Late Shri H.N. Shukla, Aged About 62 Years, R/o MIG - 5 , Ageya Nagar, Near Shiv Mandir, Bilaspur, Police Station, Tahsil And District : Bilaspur, Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh Through Its Secretary, Department of Urban Administration And Development, Mahanadi Mantralaya, Police Station And Post Rakhi, Atal Nagar, New Raipur, District : Raipur, Chhattisgarh

2. Director O/o Director, Urban Administration And Development, Indirawati Bhawan, D Block , 4th Floor, Police Station And Post Rakhi , Atal Nagar, New Raipur, District : Raipur, Chhattisgarh

3. Joint Director, O/o Joint Director, Urban Administration And Development Department, Bastar Division, Jagdalpur , District Bastar Chhattisgarh

4. Joint Director, O/o Joint Director, Treasury Account Pension, Near Collector Office, Bastar Division, Jagdalpur, District: Bastar, Chhattisgarh ... Respondents For Petitioner :

Mr. Abhishek Pandey, Advocate along with Ms. Deepika Sannat, Advocate.

For State :

Mr. Vivek Ranjan Tiwari, Addl. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 14.12.2020

1. The grievance of the petitioner in the present writ petition is that inspite of the fact that the petitioner has been compulsorily retired from service w.e.f., 25.09.2017.

2. According to the counsel for the petitioner, the petitioner till date has not been given any retiral benefits like G.P.F., G.I.S, Gratuity, Leave Encashment, Arrears of 6th Pay Commission. Counsel for the petitioner makes a categorical submission that there is no departmental enquiry or any proceedings pending against the petitioner nor the petitioner is subjected to any recovery proceedings while he was in service or subsequent thereupon.

3. Given the aforesaid factual matrix of the case, this Court is of the opinion that no fruitful purpose would be served in keeping the writ petition pending rather ends of justice would meet, if the writ petition at this juncture is disposed off directing the respondent no. 2 to 4 to take immediate steps in ensuring the entire retiral dues payable to the petitioner be released forth-with within sixty days from today. In case if the said retiral dues are not settled within the stipulated period, the entire amount shall carry interest @ 10 percent per annum from the date of retirement from service till the date of actual payment.

4. It is further directed that so far as the interest part is concerned, the respondents would be at liberty to recover the same from the erring officials who have not processed the case of the petitioner promptly.

5. Let the petitioner intimate the respondent no. 2 to 4; so far as the Order passed by this Court is concerned for necessary compliance at the earliest. With the aforesaid direction, the present writ petition stands disposed off.

Sd/- (P. Sam Koshy) JUDGE Rahul