1 2025:CGHC:5060 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 9230 of 2023 • Smt. Ranjana @ Rajju Mishra, Wd/o Late Shivmurat Mishra Aged About 48 Years R/o New Bus Stand Rtc Colony Saanti Nagar, Jagdalpur, District Bastar (C.G.) ... Petitioner versus 1. State Of Chhattisgarh Through Secretary, Department Of Women And Child Development, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar Raipur (C.G.) 2. The Director Directorate Of Women And Child Development, Indrawati Bhawan, Naya Raipur, District Raipur (C.G.) 3. The Managing Director Chhattisgarh Infrastructure Development Corporation, Bastar, District Bastar (C.G.) 4. The Project Officer Integrated Child Development Project, Bastar, District Bastar (C.G. 5. The Project Officer Integrated Child Development Project, Dhamtari, District Dhamtari (C.G.) ... Respondents For Petitioner : Mr. R.S. Patel, Advocate For Respondent(s) : Mr. Ajit Singh, Government Advocate Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 28/01/2025 1. The petitioner is not challenging any particular order but she is aggrieved by the act of the respondent authorities, whereby after the death of her husband, the retiral dues along with the all consequential benefits has not been paid on the ground that the Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.02.04 18:46:13 +0530 2 Service Book of the husband of petitioner is not available in the department.Due to the fault of the office staff or record keeper, the petitioner cannot be made to suffer or cannot be deprived with the benefit of retiral dues after the death of her husband. 2. The husband of the petitioner i.e. Late Shivmurat Mishra had died on 21.10.2021 and since, then single penny of the retiral dues has not been paid. Moreover, the petitioner & her family members are made to run from pillar to post for getting such benefits. The husband of the petitioner had severed to the department about 34 years and he died during service on 21.10.2021 at the age of 55 years, his retirement was due in the year 2028. Meanwhile thereby, his service was left for almost 07 years. It is further submitted he was fully qualified for the pension and other retiral dues as per the provisions of the pension rules. On 08.06.2023, the Project Officer, Integrated Child Development Project, Dhamtari (C.G.) has issued the Non- Availability Certificate of the Service Book (Part-1), which shows & reflects that there is a careless attitude of the State Government towards maintaining of the records of their employees. On bare perusal of the letter dated 01.08.2023 sent by the Project Officer, Integrated Child Development Project, Bastar (C.G.) to the Managing Director, Chhattisgarh Infrastructure Development Corporation shows that the process of preparation of duplicate service book has been started but 04 months has already been lapse and the petitioner has not received any amount from the respondent authorities. It is submitted that if the service book of the husband of the petitioner is misplaced then the respondent authorities ought to have make a new notional service book on the basis of his batch-mates employees within a period of 01-1.5 months, so that the payment of retiral dues could be made to the petitioner. The petitioner and her family members are facing the great financial crises after the death of their bread winner and the retiral dues are the only sources for their livelihood. Hence, the 3 retiral dues is liable to paid for their future well-being. Hence, the instant Writ petition. 3. By way of this petition, the petitioner prays for following relief(s):- 10.3 This Hon'ble Court may kindly be pleased to issue an appropriate writ and direct the respondent authorities to prepare the duplicate service book on the basis of his batch-mates employees within a period of 01 months, in the interest of justice. 10.2 This Hon'ble Court may kindly be pleased to issue an appropriate writ and direct the respondents to make the payment of Retiral Dues along with all consequential benefits to the petitioner with interest @ 18% as delayed payment, in the interest of justice. 10.3 This Hon'ble Court may further be pleased to pass an appropriate order or issue writ as deemed fit under the facts and circumstances of the case. 6. Learned counsel for the petitioner submits that though the amount of gratuity and leave encasement has been paid to the petitioner but it has been paid after more than three years of petitioner’s claim as such the petitioner is claiming interest of the amount of leave enchantment. He also place reliance upon the order passed by Hon’ble Division Bench of this Court in the matter of Hari Prakash Beohar vs. State of Chhattisgarh and Ors. 7. Considering the submissions made by learned counsel for the petitioner and in terms of order passed by Hon’ble Division Bench of this Court in W.A. No. 762 of 2024, instant petition is allowed. 8. The respondent authorities are directed to pay to the petitioner simple interest on leave encashment at the rate of 18%, within a period of three months from the production of this order. 9. According, instant writ petition is allowed. 10. No order as to cost(s). Sd/- (Amitendra Kishore Prasad) JUDGE vaishali