1 2025:CGHC:12869 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5157 of 2021 1 - Gulshan Kumar Mongia S/o Late Bhagwan Das Mongia Aged About 62 Years R/o Kaushliya Bhawan, Ketka Road, Surajpur, District Surajpur, Chhattisgarh Pin No. 497-229., District : Surajpur, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Water Resources Department (W.R.D.) Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - The Engineer In Chief (E.N.C.) Water Resources Department (W.R.D), Sector 19, Shivnath Bhawan, Atal Nagar, New Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - The Chief Engineer Water Resources Department (W.R.D.), Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 4 - The Superintendent Engineer Water Resources Department, (W.R.D.), Gandhi Nagar, Ambikapur, District Sarguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 5 - The Executive Engineer Water Resources Department, (W.R.D.), Division Surajpur, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 6 - Deputy Director Hydro Metrology Division - 4, Data Center, Water Resources Department (W.R.D.), Civil Lines, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 7 - Sub Divisional Officer (Sdo) Hydro Metrology Sub Division - 8, Water Resources Department (W.R.D.), Gandhi Nagar, Ambikapur Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 8 - B.K. Sharma Sub Divisional Officer (Sdo), Hydro Metrology Sub Division - 8, Water Resources Department (W.R.D.), Gandhi Nagar, Ambikapur Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ... Respondents BHUMIKA ANGARE Digitally signed by BHUMIKA ANGARE Date: 2025.03.21 17:21:37 +0530 2 For Petitioner : Mr. Anshuman Shrivastava, Advocate For State : Mr. Ajay Kumrani, Panel Lawyer For Respondent No. 8 : Mr. Vaibhav P. Shukla, Advocate Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 18.03.2025 1. The petitioner has filed the present writ petition to quash letter for recovery of stocks dated 24.03.2021 and 19.03.2021 (Annexure P-11) issued by respondents No. 6 & 7 and also to direct the respondents No. 6 & 7 to issue ‘no demand-no enquiry certificate’ and further to direct respondents to release the retiral dues of the petitioner who stood retired on 30.11.2020 and to grant interest @ 12% per annum from the date of retirement till the gratuity and other retiral dues are realized. 2. Learned counsel for the petitioner would submit that 90% gratuity has also been paid and only 10% gratuity remains to be paid to the petitioner. The petitioner vide its memo dated 25.01.2024 has given an undertaking wherein he has informed to the department that whatever loss suffered is because of shortage of materials, let it be assessed and he is ready to pay the same. In pursuance of the query on 01.10.2024, the Deputy Director of the Department informed that Rs. 89,596/- for amount of shortage has to be recovered. 3. Learned counsel for the State would submit that during pendency of the petition certain retiral dues have been sanctioned under the head of GPF to the tune of Rs. 7,35,237/- on 05.12.2020, Rs. 1,44,900/- as arrears of 7th pay scale on 12.10.2020, GIS to the tune of Rs. 92,395/- on 03.03.2021 and leave encashment to the tune of Rs. 9,12,128/-. 3 4. I have heard learned counsel for the parties and perused the records. 5. Considering the fact that the petitioner retired on 30.11.2020 as such he is entitled to get pension from 01.12.2020 till today and remaining amount of 10% of pension is to be given as 90% of the pension has already been paid to the petitioner. Similarly, the gratuity has also been paid to the extent of 90% and only 10% remains. Let amount of Rs. 89,596/- be adjusted and remaining amount including 10% of difference of pension and amount of gratuity be paid to the petitioner within 15 days from the date of receipt of copy of this order. 6. With this direction, the instant writ petition is disposed of. Sd/- (Narendra Kumar Vyas) Judge Bhumika