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2025 DAILYLAW 38231 (CHH)

P.K. SHARMA v. STATE OF CHHATTISGARH

WPS/6844/2021 · 2025-01-23

Shri Amitendra Kishore Prasad

body2025

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6844 of 2021 1 - P.K. Sharma S/o Late Shri Rajaram Sharma Aged About 63 Years Resident Of Sarkanda, Bilaspur, P.S. Sarkanda, District Bilaspur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through - The Secretary, Scheduled Caste And Scheduled Tribe Welfare Department, Mahanadi Bhawan, Mantralaya, Nawa Raipur, District Raipur (C.G.) 2 - Managing Director Chhattisgarh State Antyavyasai Sahakari Vitta Avam Vikas Nigam, (T.R.I) Bhawan, Second Floor, Sector-24. Nawa Raipur, Atal Nagar, District Raipur (C.G.) 3 - Secretary Chhattisgarh State Antyavyasai Sahakari Vitta Avam Vikas Nigam, (T.R.I) Bhawan, Second Floor, Sector-24. Nawa Raipur, Atal Nagar, District Raipur (C.G.) ... Respondents (Cause Title is taken from Case Information System) For Petitioner : Mr. Ajay Kumrani, Advocate For State : Ms. Shailja Shukla, Dy. G.A. For Respondent No.2 : Mr. Vivek Siddharth Ojha, Advocate on behalf of Mr. Rakesh Jha, Advocate Hon'ble Mr. Justice Amitendra Kishore Prasad Order on Board 23.01.2025 1. In the present petition, the petitioner has prayed for following reliefs:- VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 “10.1 That the Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner. 10.2 That, Hon'ble Court may kindly be pleased to issue an appropriate writ/order/direction and quash the impugned order dated 23.07.2021 & direct the respondent No 2 to disburse the gratuity amount and leave encashment. 10.3 That, Hon'ble Court may kindly be pleased to issue an appropriate writ/order/direction and direct the respondent No. 2 to decide petitioner's matter regarding non-payment of retiral dues i.e. Gratuity and Leave Encashment. 10.4 Any other relief/reliefs which the Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also kindly be granted.” 2. Learned counsel for the petitioner submits that the respondent authorities have sanctioned the amount of gratuity and leave encashment vide orders dated 02.01.2025 and 06.01.2025, however, the petitoner has not yet received the amount. 3. On the other hand, learned counsel appearing for the respondents oppose the submission and submit that once the letter has been issued sanctioning the amount of gratuity and leave encashment, there is nothing to show that it has not been given to the petitioner. 4. Considering the submissions made by the parties, also considering the fact that the respondents have passed the orders dated 02.01.2025 & 06.01.2025 whereby they have ordered for 3 sanctioning of gratuity amount to the tune of Rs.13,29,786/- and further passed an order dated 06.01.2025 for sanction of leave encashment of the amount to the tune of Rs.7,73,338/-. Both the amounts are 90% of the total amount & further 10% of the amount was directed to be withheld for final verification. Since these orders have been passed by the respondent authorities and it has been confirmed by the counsel for the respondents, as such, it seems that the relief sought by the petitioner is likely to be redressed very soon. Accordingly, nothing requires to be adjudicated at this stage. 5. The authorities are directed to grant the amount of gratuity and leave encashment as per the orders dated 02.01.2025 & 06.01.2025 within some short span of time preferably within a period of four weeks. If the amount is not paid within a period of four weeks or the grievance of the petitioner still subsists, then the petitioner shall be at liberty to file fresh petition raising his grievance. 6. With the aforesaid observation(s), the instant petition is hereby disposed off. sd/- (Amitendra Kishore Prasad) Judge Vishakha