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2025 DAILYLAW 46455 (CHH)

ASHOK KUMAR DWIVEDI v. STATE OF CHHATTISGARH

WPS/330/2025 · 2025-01-23

Shri Amitendra Kishore Prasad

body2025

Judgment text

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1 2025:CGHC:4195 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 330 of 2025 • Ashok Kumar Dwivedi S/o Dr. M.S. Dwivedi Aged About 62 Years (Retired) Additional Commissioner, Municipal Corporation Bhilai, R/o 62-A/1, Nehru Nagar (West), Bhilai Nagar, District Durg, Chhattisgarh. ... Petitioner(s) versus 1. State Of Chhattisgarh Through Its Secretary, Dept. Of Urban Administration And Development, Mantralay Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District : Raipur, Chhattisgarh. 2. The Director Directorate Of Urban Administration And Development, Chhattisgarh, Raipur, H.Q- Block- 04, 4th Floor Indravati Bhawan, Atal Nagar, District Raipur. 3. The Joint Director Directorate Of Urban Administration And Development, Durg Division, Durg, Chhattisgarh. 4. The Commissioner Municipal Corporation Bhilai, District : Durg, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Shayon Kar, Advocate. For Respondent(s)/ State : Mr. Pratik Tiwari, Panel Lawyer. For Respondent No. 4 : Mr. Saumitra Kesharwani, Advocate on behalf of Mr. Rajesh Digitally signed by RAGHVENDRA JAT 2 Kumar Kesharwani, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 23/01/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1. This Hon'ble Court may kindly be pleased to issue a writ in the nature of mandamus or suitable direction/order to the respondent no. 01 to 03 to release the pension and gratuity with 18% penal interest for the delay caused. 10.2. This, Hon'ble Court may kindly be pleased to direct the respondent no. 04 for payment of leave encashment and family welfare benefits amount with 18% penal interest. 10.3. This Hon'ble Court may kindly be pleased to award compensation of Rs. 5,00,000/- (Five Lacs) for withholding of retiral dues without any appropriate reasons and mental stress caused to the petitioner. 10.4. This Hon'ble Court kindly be pleased to allow the penal interest and any other relief as the Hon'ble Court may be deemed fit and proper.” 2. Learned counsel for the petitioner submits that even after retirement on 31.10.2024, the petitioner is not being given 3 pension, gratuity and other retiral dues and the petitioner is facing great hardship. 3. Learned counsel for the respondents submits that they are making all endevours to release the pension, gratuity and other retiral dues and they are seeking some time to release the same. 4. Accordingly, the respondents authorities are directed to pay the pension, gratuity and other retiral dues in case there is no dispute within 45 days of production of this order. 5. With this observation and direction, the instant petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat