Babulal Kanwar v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (S) No. 5560 of 2020

1. Babulal Kanwar S/o Late Shri Sukhlal Singh Kanwar, Aged About 61 Years Working As Assistant Development Extension Officer Janpad Panchayat Korba, District Korba (Chhattisgarh) R/o Village Dhurumuda, Tahsil Podi Uproda, District Korba Chhattisgarh.

---Petitioner(s)

Versus

1. State of Chhattisgarh Through The Secretary Department of Panchayat, Mahanadi Bhawan, New Mantralaya, Naya Raipur, District Raipur Chhattisgarh.

2. The Chief Executive Officer, Jila Panchayat Korba, District Korba Chhattisgarh.

3. The Chief Executive Officer, Janpad Panchayat Korba, District Korba Chhattisgarh.

4. The Development Commissioner, Office Of Vikas Bhawan, Indrawati Bhawan, Naya Raipur, District Raipur Chhattisgarh.

5. The Finance Controller, Office Of Development Commissioner, Atal Nagar, District Raipur (Chhattisgarh).

---Respondents For Petitioner :

Shri Ashutosh Shukla, Advocate.

For State :

Shri Aditya Bhardwaj, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 27.01.2021 .

1. The grievance of the petitioner in the present writ petition is the inaction on the part of the respondents in not taking decision on the application for Voluntary Retirement moved by the petitioner.

2. According to the petitioner, he was initially appointed in the year, 1983 and worked with the departments till 01.11.2010. However, on account of serious health issues the petitioner could not attend the duties and thereafter has been forwarding his medical certificates and other documents intimating the cause of absence to the respondent authorities. The petitioner thereafter moved an application for Voluntary Retirement on 19.06.2018. Though all other formalities stands completed to the extent of

-2issuance of an NOC by the authorities concerned, the formal order on the application for Voluntary Retirement has till date not been passed.

3. Given the limited grievance that the petitioner has, and also taking note of the medical/health condition of the petitioner, the writ petition at this juncture stands disposed of directing the respondents No.1&2 to immediately scrutinize the application for Voluntary Retirement moved by the petitioner at the earliest preferably within a period of 45 days from the date of receipt of copy of this order. The respondents are also directed to ensure that pensionary benefits, if any, and other retiral dues payable to the petitioner be also released within a further period of 90 days.

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