1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2123 of 2021 1 - Smt. Shahida Quraishi Wd/o Late Shri Shamim Akhtar Quraishi, Aged About 65 Years R/o Ekta Chouk Ke Pass Nayapara Mahasamund Thana Mahasamund District Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, State Of Chhattisgarh Jal Sansadhan Vibhag, Mantralay Mahanadi Bhawan, Naya Raipur Chhattisgarh, District : Raipur, Chhattisgarh 2 - Pramukh Abhiyanta, Jal Sansadhan Vibhag, Sihawabhawan Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 3 - Karyapalan Abhiyanta, Jal Sansadhan Sambhag Mahasamund District Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh 4 - Sanyukt Sanchalak, Karyalay Sambhagiya Sanyukt Sanchalak, Kosh, Lekha Avm Pension Raipur Sambhag Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ---- Respondents For Petitioner : Mr. Abhishek Dahariya, Advocate holding the brief of Mr. Abdul Wahab Khan, Advocate For State : Mr.Vedant Shadangi, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 21.07.2025 1. The petitioner has filed this petition seeking the following relief(s):- “10.1 यह कि उत्तरवा दीगण मां 03 किदीशित किय जा वा कि वाह य शि त मांत पकित उप दी / ग्रेच्यटी र शि सह" गण र ष र शि मांय 10 वाष$ ब्य जा सकिहत भु'गत अकिवालंब र+। 10.2 यह कि उत्तरवा दी मां 03 स य शि त उप दी र शि किवाकिहत अवाधि. मां+ भु'गत ह" किय जा शिलंय प्रकितर भु0 दिदीलंवा य जा वा । REKHA SINGH -2- 10.3 यह कि, अन्य अ'तष जा मां 0य न्य य लंय उशित समांझे उत्तरवा दीगण4 स य शि दिदीलं य जा वा+।" 2. Mr. Dahariya, the learned counsel appearing for the petitioner would submit that initially, the petitioner was appointed as daily-rated employee on the post of Time Keeper in the year 1975 and his services were regularized on 20.06.1990. He would further submit that the petitioner was a regular employee under the respondent authorities. He got retired from services in the year 2010 and thereafter, died in the year 2018 but till date, the amount of gratuity has not been paid properly in accordance with the provisions of the Chhattisgarh Civil Services (Pension) Rules, 1976 (for short ‘the Rules of 1976’). He would contend that the Executive Engineer, Water Resources Department has calculated the amount of gratuity according to the provisions of the Payment of Gratuity Act, 1972 (for short ‘the Act of 1972’) which is perse illegal. He would pray that the respondent authorities may be directed to make payment of gratuity to the petitioner in accordance with the Rules of 1976. 3. On the other hand, Mr. Shadangi, learned Panel Lawyer appearing for State would oppose the submissions made by Mr. Dahariya. 4. I have heard learned counsel appearing for the parties and perused the documents placed on the record. 5. A perusal of Annexure P/2 dated 02.09.2020 would show that the amount of gratuity was determined by the Executive Engineer, Water Resources Department according to the provisions of Section 4 of the Act of 1972, whereas, husband of the petitioner was a regular employee under the respondents and his gratuity should have been 3 determined according to the provisions of the Rules of 1976. 6. The petitioner has been paid Rs.1,03,837/- against the amount of gratuity. 7. The respondent authorities are directed to determine the amount of gratuity of late Shri Shamim Akhtar Qureshi, who was posted on the post of Time Keeper and died in the year 2018, strictly in accordance with the provisions of the Rules of 1976. The entire exercise shall be completed by the respondent authorities within a period of 90 days from the date of receipt of a copy of this order. 8. With the aforesaid observation(s)/direction(s), the present petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge Rekha