1 2025:CGHC:46159 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 9438 of 2025 1. Suraj Prasad Sahu S/o Late Balaram Sahu Aged About 64 Years R/o Shivirnaryan Road, Indira Udhan, Akaltara, Janjgir- Champa ( C.G. ). ... Petitioner versus 1. State Of Chhattisgarh Through-The Secretary, Department Of Forest Mantralaya, Mahanadi Bhawan, Naya Raipur, Distt- Raipur ( C.G. ). 2. Principal Conservator Of Forest Naya Raipur, Atal Nagar, Dist- Raipur ( C.G. ). 3. Chief Conservator Of Forest Bilaspur Range Bilaspur Dist- Bilaspur ( C.G. ). 4. Divisional Officer Office Of Divisional Forest Office Tehsil Road, Janjgir- Champa Dist- Janjgir- Champa ... Respondent(s) For Petitioner : Mr. H.S. Ahluwalia, Advocate alongwith Ms. Mamta Gendle, Advocate For State : Mr. Aditya Tiwari, Panel Lawyer Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 10.09.2025 1. The petitioner has filed this writ petition under Article 226 of the Constitution of India for issuance of direction to respondents authorities to calculate and release the gratuity amount for MANISH YADAV Digitally signed by MANISH YADAV Date: 2025.09.12 12:21:10 +0530 2 remaining 7 years of service as the gratuity has been calculated for 33 years in place of 40 years. 2. The petitioner who was initially working as daily wages labour since 01.03.1983, on attaining the age of superannuation he stood retired from the department. The respondents have sanctioned the gratuity of Rs. 1,89,623/- for 33 years of service, but they have not paid the gratuity of remaining 7 years. 3. Since there is dispute with regard to amount of gratuity and as per Section 4 of Payment of Gratuity Act, 1972, the petitioner has remedy of filing an application before the controlling authority under the Payment of Gratuity Act, 1972, as such, this writ petition at this juncture is not maintainable. However, the petitioner is at liberty to take recourse available to him under the Payment of Gratuity Act, 1972 with regard to payment of gratuity. 4. It is made clear that if the petitioner files an application within 1½ month from the date of receipt of copy of the order, the same sahll be decided on its own merits and the authority will not take a plea of delay. 5. Accordingly, the writ petition disposed of with the aforesaid liberty granted in favour of the petitioner. Sd/- (Narendra Kumar Vyas) Judge Manish