Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:19326
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 290 of 2018 • Sushil Kumar Dewangan S/o Shri Bhushan Lal Dewangan Aged About 77 Years R/o Village Ghotia, Tehsil Baloda District Durg Chhattisgarh., Chhattisgarh
... Petitioner(s) versus
1. State Of Chhattisgarh Through Secretary, Cooperative Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, District Raipur Chhattisgarh., Chhattisgarh
2. Registrar, Cooperative Societies, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
3. Joint Registrar, Cooperative Societies, Durg Division, District Durg Chhattisgarh., District : Durg, Chhattisgarh
4. Deputy Registrar, Cooperative Societies, Durg Division, District Durg Chhattisgarh., District : Durg, Chhattisgarh
5. District Collector, Durg, District Durg Chhattisgarh., District : Durg, Chhattisgarh
6. District Cooperative Central Bank Through Its Chief Executive Officer, G. E. Road, In Front Of District Hospital, Durg, District Durg Chhattisgarh., District : Durg, Chhattisgarh
7. Chief Executive Officer, District Cooperative Central Bank Limited, G. E. Road, In Front Of District Hospital , Durg District Durg Chhattisgarh., District : Durg, Chhattisgarh
... Respondent(s) For Petitioner : Mr. Prasoon Agrawal, Advocate For State : Mr. Dashrath Prajapati, P.L. For Respondent No. 6 and 7 : Mr. Manish Upadhyay, Advocate along with Mr. Surendra Kumar Joshi, CEO, District Cooperative Central Bank. 2 Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 29-04-2025 1) Learned counsel for the petitioner submits that petitioner who was working on the post of Committee Manager under respondent No. 6- Bank got retired from services in December, 2000. He further submits that petitioner was entitled to receive salary during his service tenure and leave encashment immediately after retirement to the tune of Rs. 1,50,832/- but same has been paid only on 28.04.2025 after delay of 25 years. He contends that petitioner is entitled for penal interest over that amount. 2) On the other hand, learned counsel appearing on behalf of respondent No. 6-Bank submits that petitioner never informed the authorities, therefore, payment was not made. He further submits that department has already made payment of the outstanding amount of Rs. 1,50,832/- on 28.04.2025. He also submits that as the grievance of the petitioner has been redressed, this petition has become infructuous. 3) Learned State counsel supports the contention made by Mr. Upadhyay. 4) Heard learned counsel for the parties and perused the documents.
5) Admittedly, petitioner was an employee of the respondent No. 6-Bank who stood retired from services in December, 2000 and he was entitled for salary during his salary tenure and leave encashment immediately after retirement, but those amounts were not paid to the petitioner for the reasons best known to the respondent No. 6. It appears that Rs. 1,50,832/- (outstanding amount) was not paid to the petitioner and rest 70% of the retiral dues were paid. It is also clear that neither any complaint was made against the petitioner nor any departmental
3 inquiry was pending against the petitioner. 6) Taking into consideration the above discussed facts, in the opinion of this Court, petitioner would be entitled to receive interest of 6 % p.a. from the date of retirement till its realization on Rs. 1,50,832/-. The amount of interest shall be paid by the respondent No. 6 within period of 90 days. 7) With the aforesaid direction(s), instant writ petition stands disposed of. Accordingly, the further presence of Mr. Surendra Kumar Joshi, CEO, District Cooperative Central Bank is hereby dispensed with. Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya