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2025 DAILYLAW 43200 (CHH)

CHANDRABHAN SINGH v. COLLECTOR

WPC/4986/2025 · 2025-09-18

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:48206 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4986 of 2025 1 - Chandrabhan Singh S/o Shri Ram Singh Aged About 65 Years Working As Panchayat Secretary, R/o Village Bijbhatha, Post Kosamtara, Tahsil Pandariya, Police Station Pandariya, District - Kabirdham Chhattisgarh ... Petitioner(s) versus 1 - Collector Mungeli Chhattisgarh 2 - Chief Executive Officer Janpad Panchayat, Lormi, District Mungeli Chhattisgarh ----Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. K.P.S. Gandhi, Advocate For Respondent-State : Ms. Poorva Tiwari, P.L. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 19/09/2025 1. With the consent of the parties the matter is heard finally. 2. By way of the present writ petition, the petitioner is not challenging any particular order but challenging the high handed action of the respondent-authorities whereby the respondent- authorities is not taking any action regarding RRC for recovery of order/amount passed by Controlling Authority. 3. Learned counsel for the petitioner submits that the petitioner is working continuous and no stigma against him and thereafter the petitioner was Digitally signed by JYOTI JHA Date: 2025.09.23 10:47:03 +0530 2 retire on 30.09.2020 from the office of respondent No. 2. Thereafter the petitioner moves a representation to the department authority to release (pay) the pension and other retired dues after his superannuation. Even then the respondent department is not releasing the same.the petitioner moves the application before the controlling authority under payment of gratuity act, whereby on dated 19.12.2024 allow the application of the petitioner and directed the respondent no. 02 to release 1,97,752/ within 30 days. Thereafter petitioner requested the respondent no. 02 to release the amount as per the order of controlling authority under payment of gratuity act, but the same has not been release, after that on 04.03.2025 petitioner move the an application to release RRC. On 28.03.2025 controlling authority under payment of gratuity act, send a letter on dated 28.03.2025 and stated that if the amount has not been release within the 15 days legal step should be taken. After the laps of 15 days the respondent no. 02 is not releasing the amount thereafter the controlling authority has issued RRC on dated 04.06.2025. Hence this petition. 4. The State Counsel has not opposed the limited prayer made by the learned counsel for petitioner. 5. I have heard learned counsel for the petitioner. 6. After considering the facts and circumstances of the case, particular the fact that the petitioner has worked continuously and retired on 30.09.2020 and after his retirement, complete payment of gratuity has not been made to him and the order passed by the Controlling Authority has attained finality and the Revenue Recovery Certificate is also pending before the respondent No. 2, this Court finds it appropriate to 3 dispose of the present writ petition with a direction to the respondent No. 1 to expedite the proceedings on the Revenue Recovery Certificate and conclude and release the same, at the earliest, within a time limit of 45 days from the date of receipt of copy of this order. 7. It is made clear that this Court has not expressed anything on the merits of the case. 8. With the aforesaid direction, the writ petition is disposed of. Sd/- (Arvind Kumar Verma) Judge Jyoti