Zubaida Bano v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 10167 of 2019 Zubaida Bano W/o Late Israr Ahmad Khan Aged About 60 Years R/o Khan House, B S N L Office Road, Vrindavan Colony, Jagdalpur, District : Bastar(Jagdalpur), Chhattisgarh --- Petitioner

Versus

1. State of Chhattisgarh through the Secretary, Water Resources Department, Mantralaya, Atal Nagar, New Raipur, , District : Raipur, Chhattisgarh

2. The Engineer-In-Chief, Water Resources Department, Sihava Bhawan, Raipur, District : Raipur, Chhattisgarh

3. The Chief Engineer, Mahanadi Godavari Kachhar, Water Resource Division, Raipur, District : Raipur, Chhattisgarh

4. The Superintending Engineer, Indravati Project Division, Jagdalpur, District : Bastar(Jagdalpur), Chhattisgarh

5. The Executive Engineer, T D P P, Water Resources Department, Jagdalpur, District : Bastar(Jagdalpur), Chhattisgarh --- Respondent ------------------------------------------------------------------------------------------------------------------ For the Petitioner : Mr. Vikas A. Shrivastava, Advocate For the State/Respondent : Ms. Binu Sharma, Dy. G.A. Hon'ble Shri Justice Goutam Bhaduri Order on Board 23.01.2020

1. The grievance raised in this writ petition is for grant of retiral dues of late Israr Ahma Khan to the petitioner wife. Late Israr Ahmad Khan retired from service on 31.05.2018 and thereafter died on 10.09.2019. The following relief() was sought at Para 10 of the petition :

"10.1 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, thereby directing the respondent authorities to forthwith release the admissible dues in favour of the petitioner with interest @ 12% per annum from the date of entitlement to its actual payment and also fix pension, in accordance with law.

10.2 That this Hon'ble Court may kindly be pleased to issue an appropriate writ, thereby directing the respondent authorities to forthwith refund the amount of Rs.1,82,913/- recovered from the petitioner on account of recovery order dated 08.06.2016 with interest @ 12% per annum from the date of recovery to refund.

10.3 That any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given."

2. On earlier occasion, learned State Counsel was directed to seek instructions. She submits on instructions that a letter has been issued to the petitioner to submit the photocopies of "Aadhar Card, PAN Card, Bank Pass book, mobile number etc., and if those documents are supplied the retiral dues would be released.

3. In view of the above statement of learned State Counsel, the petitioner may submit the requisite documents to the concerned authority as early as possible and if such documents are supplied, the retiral dues shall be released to the petitioner forthwith within an outer limit of 30 days.

4. With the above observation/direction, the writ petition accordingly stands disposed off.

Sd/- (GOUTAM BHADURI) JUDGE R a o