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2025 DAILYLAW 35631 (CHH)

BAL KRISHNA SAHU v. STATE OF CHHATTISGARH

WPS/6484/2021 · 2025-01-24

Shri Narendra Kumar Vyas

body2025

Judgment text

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1 2025:CGHC:4556 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6484 of 2021 1 - Bal Krishna Sahu S/o Late Dashrath Lal Sahu Aged About 62 Years Retired Assistant Veterinary Field Officer, Veterinary Services, R/o 417, Sunder Nagar, Raipur Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Department Of Pashudhan Vikas, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur Chhattisgarh 2 - The Director Directorate Of Vererinary Services, Indrawati Bhawan, Block No. 3, Atal Nagar, Raipur Chhattisgarh 3 - Joint Director Veterinary Services, Raipur Chhattisgarh 4 - Chhattisgarh State Co-Operative Dairy Federation Ltd. Through Its Managing Director, Urla, Post Bmy Charouda, District Durg Chhattisgarh ... Respondents For Petitioner : Mr. Neeraj Choubey, Advocate For State : Mr. Abhishek Singh, Panel Lawyer Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 24.01.2025 1. The instant writ petition has been filed by the petitioner to direct respondent No. 2 to release petitioner’s entire retiral dues with interest @ of 12% per annum for delay in payment of the Pension and Gratuity of along with all the consequential benefits. 2. Learned counsel for both the parties would submit that the issues and BHUMIKA ANGARE Digitally signed by BHUMIKA ANGARE Date: 2025.01.30 10:58:06 +0530 2 facts involved in this case are one and the same as in the order passed on 06.08.2024 by the Coordinate Bench of this Court in WPS No. 4803 of 2019 and WPS No. 3037 of 2022 directing the respondents therein to calculate all retiral dues of the deceased employee and also to release the same alongwith interest @ 6% per annum as early as possible preferably within a period of 04 months from the date of receipt of copy of the order. 3. Since, the issue raised in this petition is identical to WPS No. 4803 of 2019 and WPS No. 3037 of 2022, therefore, this writ petition is also disposed of in the same terms particularly as per direction given by the Coordinate Bench in paragraphs 21 to 24 which reads as under: “21.In this case also, it is very unfortunate that the retiral dues were not paid by respondent authorities on the ground that the previous petition is pending so they are not paying any retiral dues but now this Court held that the impugned order dated 12.02.2019 (Annexure P/1) in WPS No. 4803/2019 is not sustainable and petitioner is employee of State Government. Admittedly, the age of retirement of the State Government employee at the relevant time was 62 years. 22. On the basis of aforesaid discussions, in the light of above mentioned decisions and the manner in which the deceased petitioner was retired from services and his retiral dues were held, both the petitions stand allowed. The impugned order dated 12.02.2019 (Annexure P/1) in WPS No. 4803 of 2019 is hereby set aside. 23. Respondents No. 1, 2 & 4 in WPS No. 4803/2019 and respondents No. 1 & 2 in WPS No. 3037/2022 are directed to calculate all retiral dues of late Ravi Kumar Singh till his death or his date of retirement whichever is earlier and the same be released as 3 early as possible preferably within a period of 4 months from the date of receipt of this order to his legal representative i.e. Chandra Kumar Singh (petitioner herein). 24. It is made clear that the amount shall be paid by the respondents with interest @ 6% per annum from the date of death of the late Ravi Kumar Singh till the actual date of payment.” 4. Accordingly, this writ petition is disposed of. Sd/- (Narendra Kumar Vyas) Judge Bhumika