Smt. Amita Bharti v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 10667 of 2019 Smt. Amita Bharti, W/o. Late Narayan, Aged About 63 Years, R/o. Siddharth Chouk Tkrapra Raipur, District Raipur, Chhattisgarh. --- Petitioners

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, Chhattisgarh.

4. Zone Commissioner, Zone No. 04, Municipal Corporation Raipur, District Raipur, Chhattisgarh.

--- Respondents For the Petitioner : Mr. Hemant Kesharwani, Advocate For the State/Respondents : Mr. Ravish Verma, Govt. Advocate.

No.1 & 2 For Respondents No.3 & 4 : Mr. H. B. Agrawal, Sr. Advocate with Mrs.

Preeti Yadav, 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 07.05.2018, 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.

2. 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.

3. 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.

4. 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.

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

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