High Court Of ChhattisgarhWPS/7714/2019disposed off

Smt. Shahida Kuraisi v. State Of Chhattisgarh

2019-09-24Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 7714 of 2019 Smt. Shahida Kuraisi S/o Late Shri Samim Akhtar Kuraisi, Aged About 63 Years, Niwasi - Ekta Chowk Ke Pass Nayapara, Mahasamund Thana Mahasamund, District Mahasamund, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Sachiv, Chhattisgarh Sasan Jalsansadhan Vibhag, Mantralaya, Mahanadi Bhawan, Naya Raipur Chhattisgarh

2. Pramukh Abhiyanta, Jalsansadhan Vibhag, Sihawa Bhawan, Raipur, District Raipur, Chhattisgarh

3. Karyapalan Abhiyanta, Jalsansadhan Sambhag, Mahasamund, District Mahasamund, Chhattisgarh.

4. Niyantran Pradhikari, Upadan Bhugtan Mahasamund, District Mahasamund, Chhattisgarh

5. Sanyukt Sanchalak, Karyalay Sambhagiy Sanyukt Sanchalak, Kosh, Lekha Avam Pension Sambhag, Raipur, District Raipur, Chhattisgarh ---- Respondents For Petitioner :

Mr. Abdul Wahab Khan, Advocate For State :

Mr. Anshuman Shrivastava, P.L.

Hon'ble Shri Justice P. Sam Koshy Order On Board 24.09.2019

1. The claim of the petitioner in the present writ petition is for releasing the balance of payment of gratuity amount under the Payment of Gratuity Act.

2. Counsel for the petitioner referred to Annexure P-2 dated 06.08.2018 passed by the Controlling Authority under the Payment of Gratuity Act, 1972 whereby the Department was directed to process the claim for releasing the admissible payment of gratuity amount.

3. If the said order has not been complied with or if there is any less payment under the Payment of Gratuity Act paid to the employee or the legal heirs of the employee, the remedy open to the petitioner would be to approach the Controlling Authority under the Payment of Gratuity Act clearly mentioning as to what is the actual amount that the petitioner has received and what is in fact the amount which the petitioner should have got.

4. Reserving the right of the petitioner to approach the Controlling Authority under the Payment of Gratuity Act, the present writ petition stands disposed of.

Sd/- P. Sam Koshy Judge Khatai