Ramavtar Agrawal v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 10776 of 2019 Ramavtar Agrawal S/o Late Somchand Aged About 65 Years R/o Ashwani Nagar, Near Tiwari Kiraya Bhandar Raipur, District Raipur Chhattisgarh. --- Petitioner

Versus

1. State of Chhattisgarh through the Secretary, Department of Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Naya Raipur District : Raipur, Chhattisgarh

2. The Collector Raipur, District Raipur District : Raipur, Chhattisgarh

3. The Commissioner Municipal Corporation Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh --- Respondents For the applicant :

Mr. Hemant Kesharwani, Advocate.

For the State :

Ms. Akanksha Jain, Dy. Govt. Adv.

For respondent No.3 :

Mr. Pankaj Agrawal, Advocate.

Hon'ble Shri Justice Goutam Bhaduri Order on Board .12.2019 Heard.

1. The grievance of the petitioner is that an order was passed by the controlling authority under the payment of gratuity Act on 12.06.2018 whereby the gratuity amount was directed to be paid to the petitioner. Subsequently, since payment was not made by the respondent Municipal Corporation, the recovery proceeding was started and the controlling authority, therefore, issued the revenue recovery certificate to the Collector.

2. It is contended on behalf of the petitioner that despite the RRC has been issued, the amount is not being paid by the Commissioner, Municipal Corporation.

3. Learned Counsel for the respondent no.3 would submit that if the application is filed, the same would be decided forthwith in accordance with law and the amount may be released in such case.

4. Considering the prayer made, at this stage, it is directed that the petitioner if makes detailed representation with the copy of the RRC, the same shall be decided in accordance with law and it is expected that the amount would be released forthwith.

5. With the aforesaid observation, the writ petition stands disposed of. Sd/- GOUTAM BHADURI JUDGE Rao