High Court Of ChhattisgarhWPS/10653/2019disposed off

Jhumuk v. State Of Chhattisgarh

2019-12-16Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 10653 of 2019 • Jhumuk S/o Shri Mahettar, aged about 65 years, R/o Changorabhatha Raipur, District - Raipur (C.G.) ---- Petitioner

Versus

1. State of Chhattisgarh Through The Secretary, Department of Revenue and Disaster Management, Mahanadi Bhawan, Mantralaya, Naya Raipur, Chhattisgarh

2. The Collector Raipur, District- Raipur, Chhattisgarh

3. The Commissioner Municipal Corporation Raipur, District Raipur (C.G.)

4. Zone Commissioner, Zone No.04 Municipal Corporation Raipur, District- Raipur (C.G.) ---- Respondents For Petitioner :

Shri Hemant Kesharwani, Advocate For Respondents/State :

Shri Soumya Rai, PL For Respondents No.3 & 4:

Shri Pankaj Agrawal, Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 16/12/2019

1. Heard.

2. The grievance of the petitioner is that an order was passed by the controlling authority under the payment of gratuity act on 16.04.2018, 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 thereafter issued the revenue recovery certificate to the Collector.

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

4. Learned counsel for the respondents No.3 & 4 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.

5. Considering the prayer made at this stage and the submission made, it is directed that the petitioner if moves 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.

6. Registry is directed to return the copy of the Annexure P-1 & P-2 after retaining photocopy of the same.

7. With the aforesaid observation, the writ petition stands disposed of. Sd/- Goutam Bhaduri Judge Ashu