1 / 3 2025:CGHC:18276 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2710 of 2025 1 - Dinesh Kumar Sharma S/o Late Shri S.N. Sharma Aged About 64 Years Retired Executive Engineer House No. 9/82, Raj Kutir, Green Park Colony, Near Maharana Pratap Chowk, Bilaspur Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Urban Administration And Development Department, Mantralaya Mahanadi Bhawan, Mantralaya, Naya Raipur, Atal Nagar, Raipur, District - Raipur Chhattisgarh 2 - Director Urban Administration And Development, Block No. 4, 4th Floor, Indirawati Bhawan, Atal Nagar, New Raipur, District - Raipur Chhattisgarh ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. H. B. Agrawal, Senior Advocate alongwith Mr. Pankaj Agrawal, Advocate For Respondents/ State : Mr. Suyashdhar Badgaiya, Dy. Govt. Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 23/04/2025 1. The petitioner has attained the age of superannuation on the last serving post of Executive Engineer, Municipal Corporation, SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.04.24 09:58:32 +0530 2 / 3 Chirmiri on 31/03/2023. The petitioner has made a representation before the respondent authorities for getting the service retiral benefits like gratuity, P.F. etc. 2. It has been contended by the petitioner that till date the respondent authorities have not passed any order for withholding the above service retiral dues. 3. The petitioner placed reliance on the order passed by the Coordinate Bench of this Court in W.P.(L) No. 59 of 2017 (Ramdiyal Yadav vs. State of Chhattisgarh and Ors.). The petitioner while relying the above order has pointed out that with respect of withholding the gratuity the rules and the law prescribed under Payment of Gratuity Act, 1972 is not followed and Rule 11 of Payment of Gratuity Rules, 1973 deals with the procedure for dealing with application for a direction and Rule 7 of Payment of Gratuity Rules, 1973 prescribes the determination of the amount of gratuity. 7. Determination of the amount of Gratuity '7(7) Any person aggrieved by an order under sub- section (4) may, within sixty days from the date of the receipt of the order, prefer an appeal to the appropriate Government or such other authority as may be specified by the appropriate Government in this behalf' 4. At last, the petitioner contends that let the respondent authority take a decision by way of a speaking order on the representation filed by the petitioner before the office of respondent No.1. 3 / 3 5. On the other hand, learned counsel for the State would submit that they would be taking the appropriate decision as per prescribed law applicable to the case in hand and will also consider the order passed by this Court in Ramdiyal Yadav (supra). 6. On due consideration of the submissions made by learned counsel for the parties, this Court is of the considered view that let respondent authority particularly, respondent No.1 be taken a decision with respect to the claim of service retiral dues of the petitioner as claimed in the representation, within a period of 120 days from the date of receipt of a copy of this order. 7. With the aforesaid observation, the writ petition is disposed of. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar