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2025 DAILYLAW 50272 (CHH)

SMT. BINDU MALIK DAS v. STATE OF CHHATTISGARH

WPS/5979/2022 · 2025-09-16

Shri Sachin Singh Rajput

body2025

Judgment text

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1 2025:CGHC:47877 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5979 of 2022 1 - Smt. Bindu Malik Das W/o Late Shri Raju Mal, Aged About 53 Years R/o Karbla Chauk, Dayalband, P.S. City Kotwali, Tahsil And District Bilaspur, Civil And Revenue, District : Bilaspur, Chhattisgarh. 2 - Smt. Rajiya Begam W/o Shri Mohammad Aslam, D/o Late Abdul Hafeej Khan, Aged About 26 Years R/o Talapara, P.S. Civil Lines, Tahsil And, District : Bilaspur, Chhattisgarh. 3 - Smt. Urmila W/o Late Daulat Ram, Aged About 55 Years R/o Dayalband, P.S. City Kotwali, Tahsil And, District : Bilaspur, Chhattisgarh. 4 - Narendra Itkhare S/o Late Ishwar Itkhare, Aged About 30 Years R/o Village Bahtarai, P.S. Sarkanda, Tahsil And, District : Bilaspur, Chhattisgarh. 5 - Mohbub Khan S/o Shri Amir Khan Aged About 63 Years Retired Employee, Municipal Corporation, Bilaspur R/o Tarbahar, P.S. Tarbahar, Tahsil And, District : Bilaspur, Chhattisgarh. 6 - Smt. Seema Kosariya W/o Late Rishi Kosariya, Aged About 34 Years R/o Gondpara, Bilaspur Tahsil And, District : Bilaspur, Chhattisgarh. 7 - Bahoran Singh S/o Shri Suran Singh Aged About 63 Years Retired Employee Munnicipal Corporation Bilaspur, R/o Torwa, Bilaspur, Tahsil And, District : Bilaspur, Chhattisgarh. ... Petitioners versus 1 - State Of Chhattisgarh Through Secretary, Nagariya Prasha Awam Vikas Vibhag, Mahanadi Bhawan, Manatralay, Atal Nagar, Raipur, Chhattisgarh. 2 2 - The Director, Nagariya Prasha Awam Vikas Vibhag, Mahanadi Bhawan, Manatralay, Atal Nagar, Raipur. 3 - The Municipal Corporation, Bilaspur Through Its Commissioner, Bilaspur, District : Bilaspur, Chhattisgarh. ... Respondents For Petitioners : Mr. Manoj Kumar Sinha, Advocate For Res./State : Ms. Neelima Singh Thakur, Advocate For Res. No. 3 : Mr. S. S. Baghel, Advocate Hon'ble Mr. Justice Sachin Singh Rajput Order on Board 17.09.2025 1. The present writ petition has been filed by the petitioner seeking the following relief(s):- “10.1. that the Hon’ble Court be pleased to call for the entire records in conncection of the petitioner’s cases. 10.2 That the Hon’ble Court be further pleased to direct the respondent authorities to grant gratuity amount to the petitioners as per Circular dated 24.05.2018(Ann.P/3) within stipulated period. 10.3 Any other order that the Honble Court deems fit and necessary in the circumstances of the case be also passed. 10.4. That the cost of the petition be also awarded to the petitioners.” 2. Learned counsel appearing for the petitioners submits that the petitioners are the legal representatives of the deceased employees of respondent No. 3. He also submits that the services of the deceased employees were regularised in the year 2008 under the works charge/contingency establishment and worked for five years. He submits that the deceased employees were entitled to get gratuity amount from their initial appointment under the provisions of Gratuity Act, 1972 in light of the circular (Annexure P/3) dated 24.05.2018 issued by the State Government. He further submits 3 that this writ petition may be disposed of permitting the petitioners to address their grievance before the authority concerned/respondent No. 3 by way of filing a representation and a direction may be issued to respondent No. 3 who shall decide the same in accordance with law in light of the circular (annexure P/ 3) dated 24.05.2018 issued by the State Government. 3. Per contra, learned counsel for respondent No. 3 would submit that the case of each of the petitioners has to be individually scrutinized and thereafter, their entitlement would be decided in accordance with law. 4. I have heard learned counsel appearing for the parties and perused the material placed on the record. 5. Considering the submission made by both the learned counsel, liberty is reserved in favour of the the petitioners to make a representation before respondent No. 3 alongwith necessary supportive documents within a period of 30 days from the date of receipt of copy of this order with regard to their individual claim so that the same can be scrutinized. The representation so filed may be decided within a period of six months from the date of receipt of copy of the representation as per the circular dated 24.05.2018. 6. This Court has not expressed any opinion on merits of the case and if any adverse order would be passed against the petitioners, they may be approach this Court. 7. With the aforesaid observations & directions, the petition stands disposed of. Sd/- Sd/- (Sachin Singh Rajput) Judge ami AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.09.29 13:11:04 +0530