1 2025:CGHC:44460 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8762 of 2025 1 - Kamana Singh Yadav S/o Late Dhan Singh Yadav Aged About 62 Years Retired Executive Engineer, Municipal Corporate, Rajnandggaon, R/o Dongargaon Road, Basantpur, Tahsil And District - Rajnandgaon C.G. ... Petitioner versus 1 - State of Chhattisgarh Through The Secretary, Department of Urban Administration And Development, Mahanadi Bhawan, Capital Complex, Mantralaya, Atal Nagar, District Raipur Chhattisgarh. 2 - Directorate, Urban Administration And Development, Through The Director, Indrawati Bhawan, Capital Complex, Mantralaya, Atal Nagar, District Raipur Chhattisgarh. 3 - Municipal Corporation Rajnandgaon Through The Commissioner, Municipal Corporation Rajnandgaon, Tahsil And District Rajnandgaon C.G. ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Somkant Verma, Advocate. For State : Mr. Suyashdhar Badgaiya, Deputy Govt. Advocate. For Respondent No.3 : Mr. Sourabh Sharma, Advocate. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 01-09-2025 1. The petitioner has filed the present writ petition seeking following relief(s):- “10.1 That, this Hon’ble Court may kindly be pleased to issue Writ/writs, order/order, to directing the respondents- authorities to release the gratuity and pension to the petitioner along with interest @ 12% from 30.04.2025 (date of Digitally signed by MOHAMMED AADIL KHAN Date: 2025.09.06 18:38:46 +0530 2 retirement) till actual payment, holding that petitioner is legally entitled for Gratuity and pension and also direct for release of all retiral dues including surrender leave, leave encashment and other service benefits after retirement of the petitioner. 10.2 That, this Hon’ble Court may kindly be pleased to issue a writ/writs, order/orders, direction/directions to complete the departmental enquiry within stipulated period.. 10.3 Any other order/writ/direction which this Hon’ble Court deems fit and proper may also be passed.” 2. Learned counsel appearing for the petitioner would submit that the petitioner is retired from services on 30-04-2025 and the amount of gratuity has not been paid to him and his pension has also not been fixed till date. He would further submit that the gratuity amount cannot be withheld as its is not a bounty as per the judgment passed by a Division Bench of this Court in Karnail Singh v. General Manager, Bishrampur Area of SECL and others, ILR 2017 Chhattisgarh 1222. Learned counsel for the petitioner further submits that the departmental enquiry is pending since 28-03-2023 and till date it has not been concluded. 3. At this stage, learned counsel appearing for the State would submit that some departmental inquiry is going on against the petitioner and therefore, the said amount has not been given to him. 4. Considering the rival submissions made by learned counsel for the parties, this Court is of the opinion that the present petition may be disposed of at this stage directing the respondent authorities to release 75% of gratuity amount of the petitioner and withhold 25% of the same and further directing to conclude the departmental enquiry within a reasonable time-frame and to fix 3 provisional pension in favour of the petitioner as he is already retired on 30- 04-2025. 5. Therefore, the present writ petition is disposed of issuing following directions:- (i) The respondent authorities shall release 75% of the gratuity amount of the petitioner within three months from today. (ii) The departmental enquiry pending against the petitioner since 28-03-2023 shall be concluded within a further period of six months from today after giving proper opportunity of hearing to the parties concerned. The parties concerned are at liberty to challenge the outcome of the departmental enquiry in appropriate proceeding available under the law. (iii) The respondent No.2 is also directed to complete the process fo finalization of provisional pension of the petitioner within two months from today and shall start payment of provisional pension to him in accordance with law. 6. With the aforesaid observations and directions, the writ petition is disposed of. Sd/- (Ravindra Kumar Agrawal) Judge Aadil