1 2025:CGHC:12282 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1769 of 2025 1 - Kala Soni W/o Late Gourelal Aged About 56 Years R/o Kalibadi Nehru Nagar, Raipur, Tehsil And District Raipur Chhattisgarh. ... Petitioner(s) 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. 06 Municipal Corporation Raipur, District Raipur Chhattisgarh. ... Respondent(s) (Cause Title is taken from CIS System) For Petitioner : Mr. Hemant Kesharwani, Advcoate. For State : Mr. Vivek Sharma, Addl. Advocate General For Resp. No. 3 & 4 : Mr. Pankaj Agrawal, Advocate Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 12/03/2025 1. Petitioner has filed this writ petition seeking following reliefs : 10.1 This Hon'ble court may kindly be pleased to call for entire Records from the office of the respondent in respect of Petitioner's claim. 10.2. The Hon'ble court may kindly be pleased to direct the Respondents no 03 and 04 to pay gratuity amount with interest. 2 10.3 The Hon'ble court may kindly be pleased to direct the Respondent 02 to recover gratuity amount as per order 09.10.2023 passed by controlling authority from respondent no 03 and 04. 10.4 That, any other Writ, order directions or relief which this Hon'ble Court may deem fit may kindly be passed in favor of the petitioner.” 2. Learned counsel for petitioner submits that husband of the petitioner was working on the post of Safai Kamgar under the respondent No.3 and 4 since 11.01.1986, who has expired on 07.02.2008 after rendering services of 22 years. After death of employee, no gratuity was paid to petitioner, the petitioner is being wife of Late Gourelal, is entitled to get retiral benefit. The petitioner made several endeavor for grant of gratuity but same has not considered by the respondent 03 and 04. The petitioner filed application for grant of gratuity before the Controlling Authority Raipur under the Payment of Gratuity Act, 1972, who, vide order dated 09.10.2023 allowed the application and granted gratuity Rs. 1,50,759/ with interest at the rate of 10% to the petitioner. As per award, the amount of Rs. 3,01,518/- is payable to the petitioner. The petitioner approached before the respondent No 03 and 04 for payment of gratuity as per order of controlling authority dated 09.10.2023 but no response was received. The petitioner submitted an application for execution of the order dated 09.10.2023, to the controlling authority, resulting in notices being issued to respondents 3 and 4. However, the payment of the gratuity amount remains outstanding. Ultimately vide dated 12.08.2024 the controlling authority issued Revenue Recovery Certificate to Collector Raipur, pursuant to Section 08 of Payment Of Gratuity Act, 1972, the amount could be 3 recovered by Collector as arrears of land revenue, but till date no steps has been taken by Collector/respondent 02. 3. Learned State counsel opposes the petition. 4. After considering on the submission, as the order dated 09.10.2023, passed by the competent authority is existing and the RRC issued is pending, before the respondent No.2, therefore, this petition is disposed off. The respondent No.2 is directed to expedite the proceeding on the RRC issued in this case and conclude the same within a time limit of 45 days. 5. With these observations this petition is disposed off. Sd/- (Amitendra Kishore Prasad) Shayna Judge