Bheshram Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS NO. 430 OF 2021 Bheshram Sahu, S/o Late Shri Babulal Sahu, aged about 63 years, R/o Village and Post Dhaniya, Police Station Seepat, District Bilaspur (CG) ... Petitioner versus 1.

State of Chhattisgarh, through Secretary, Water Resources Department, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur (CG) 2.

Chief Engineer, Hasdeo Kachar, Water Resources, Department, Bilaspur, District Bilaspur (CG) 3.

Director, Treasury, Account and Pension Raipur, District Raipur (CG) 4.

Accountant General, Chhattisgarh, Zero Point, Baloda Bazar Road, Post Office Vidhan Sabha, Raipur, District Raipur (CG) ... Respondents For Petitioner :

Mr. S.P. Kale, Advocate.

For Respondents 1, 2 & 3 :

Mr. Sudeep Verma, Dy. G.A.

For Respondent 4 :

Mr. Raj Kumar Gupta, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board /02/2021 1.

The defaults pointed out by the Registry of this Court in the instant case stand ignored as of now.

2.

With the consent of learned Counsels appearing for the respective parties, heard the matter finally at admission stage itself. 3.

Grievance of Petitioner in the present Writ Petition is the fact that though he had retired from service on 30.11.2019 but till date his pensionary benefits have not been released by the authorities.

4.

Learned Counsel for Petitioner submits that the Petitioner was granted employment under the Respondents on compassionate ground as early as on 22.7.1994 and he uninterruptedly worked under the Respondents till his age of retirement i.e. 30.11.2019. He further submits that vide Annexure P-2 the Department where the Petitioner was working had already forwarded the pension papers of Petitioner for being processed at the earliest to the office of Respondent No.3 but till date no further development has taken place in this regard. 5.

Learned Counsel for State at this juncture submits that let the Writ Petition itself be disposed of directing Respondents No. 2 & 3 to take an appropriate decision in respect of the claim of Petitioner for pensionary benefits at the earliest.

6.

Given the said submission, the present Writ Petition at this juncture is disposed of directing Respondents No. 2 & 3 to ensure that the pensionary benefits, if payable to Petitioner, be released at the earliest, preferably within a period of 90 days from the date of receipt of copy of this order, including the arrears of pension which also should be released forthwith. 7.

It is made clear that in the event if the Petitioner is found eligible and his pensionary benefits are not released within a period of 90 days, the entire amount payable to the Petitioner shall carry interest at the rate of 10% per annum from the date of retirement of Petitioner till the date the payment. The said interest part payable would be recovered from the erring officials who have not processed the case of Petitioner promptly.

8.

With the aforesaid direction/observation, Writ Petition stands disposed of. Sd/- (P. Sam Koshy) /sharad/ JUDGE