1 2025:CGHC:38723 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7427 of 2018 1 - Ganga Singh Chauhan S/o Ghanuha Singh Chauhan Aged About 70 Years Retired Sanstha Prabandhak, R/o Gram Tulsaghat Lormi, Post Office And Police Station Lormi, Tahsil - Ranigaon - Lormi, District - Mungeli, Chhattisgarh., District : Mungeli, Chhattisgarh ... Petitioner(s) versus 1 - The State Of Chhattisgarh Through The Collector, Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh 2 - Chief Executive Officer Jila Sahkari Kendriy Bank Maryadit, Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ... Respondent(s) For Petitioner : Ms. Ruchi Nagar, Advocate For State/Respondent No.1 : Shri Vedant Sarangi, Panel Lawyer For Respondent No.2 : Shri Jitendra Shrivastava, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 05/08/2025 1. Learned counsel for the petitioner would submit that the petitioner was holding the post of Sanstha Prabandhak and at Digitally signed by GOPAL SINGH Date: 2025.08.07 16:46:11 +0530 2 the relevant time he was posted at Branch Takhatpur under respondent No.2. She would further submit that the petitioner got retired from services on 30.4.2009. She would fairly submit that a criminal case was pending against the petitioner which was concluded on 25.9.2018 and the petitioner was acquitted. She would also submit that the petitioner raised the dispute according to the provisions of Section 64 of the Chhattisgarh Cooperative Societies Act, 1960 before the Deputy Registrar claiming therein retiral dues. She would submit that an order was passed by the Deputy Registrar, Cooperative Societies on 12.2.2015, whereby respondent No.2 was directed to make payment of Rs.2,59,669 within a period of 15 days. She would submit that appeals were preferred by the petitioner as well as respondent No.2 before the appellate authority and those appeals were dismissed. She would further submit that respondent No.2 made payment of Rs.2,59,669 on 30.4.2018, but, interest part has not been paid yet. She would submit that the petitioner is a retired employee and delay was attributable on part of respondent No.2, therefore, respondent No.2 is liable to make payment of interest on an amount of Rs.2,59,669. Therefore, she would pray to allow this petition. 2. On the other hand, learned counsel for respondent No.2 would oppose the petition. He would submit that a criminal case was pending against the petitioner and an undertaking was given by the petitioner himself that if any excess payment is made, 3 he would refund that amount with interest. He would further submit that the order passed by the Deputy Registrar dated 12.2.2015 was challenged by respondent No.2 before the Registrar, Cooperative Societies by filing an appeal which was dismissed. He would further contend that a second appeal was preferred before the Cooperative Tribunal and it was also dismissed. He would further submit that thereafter the Deputy Registrar passed order and pursuant to said order the payment was made. He would contend that the petition deserves to be dismissed. 3. Learned counsel for the State/respondent No.1 would submit that dispute is between the petitioner and respondent No.2. 4. I have heard learned counsel for the parties and perused the documents. 5. The petitioner was an employee under respondent No.2 and he got retired from services on 30.4.2009. He raised a dispute under the provisions of Section 64 of the Cooperative Societies Act, 1960 before the Deputy Registrar which was allowed by order dated 12.2.2015, whereby respondent No.2 was directed to make payment of retiral dues to the tune of Rs.2,59,669 within a period of 15 days, meaning thereby, respondent No.2 was under obligation to make payment of the dues by the month of February, 2015, but, it was paid on 30.8.2018 through a cheque. Though appeals were preferred by the petitioner as well as respondent No.2, but, those 4 appeals were dismissed. Respondent No.2 has argued that on account of pendency of the appeal before the Registrar, Cooperative Societies and the Cooperative Tribunal, payment was not made and, therefore, respondent No.2 is not liable to make payment of interest. Such contention is not acceptable as order to make payment was made by the Deputy Registrar on 12.2.2015 and no stay order was passed in favour of respondent No.2 in appeal. 6. The order passed by the Deputy Registrar, Cooperative Societies has been affirmed by the appellate authority. There was delay of approximate 3 years and 6 months in making payment of dues assessed by the Deputy Registrar. Therefore, this petition is disposed of with a direction to respondent No.2 to make payment of the interest part on the amount of Rs.2,59,669 @ 12% per annum to the petitioner. The interest part shall be paid within a period of 60 days, failing which, it shall carry interest @ 18% per annum. 7. With the aforesaid observations and directions, the writ petition is disposed of. Sd/- (Rakesh Mohan Pandey) JUDGE Gopal