1 2025:CGHC:50182 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2219 of 2023 1 - Shri Rathram Ijardar S/o Lt. Chotelal Ijardar Aged About 75 Years R/o Kelovihar, 156, Raigarh, District - Raigarh (C.G.). ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary - Chhattisgarh State Cooperative Societies Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District - Raipur (C.G.) 2 - The Registrar Chhattisgarh State Cooperative Societies, Block - 3, Second And Third Floor Indrawati Bhawan, Nawa Raipur, District - Raipur (C.G.) 3 - Deputy Registrar Co-Operative Societies, Raipur, District - Raipur (C.G.) 4 - Controlling Officer/assistant Labour Commissioner Raipur, District - Raipur (C.G.) 5 - Managing Director Chhattisgarh State Cooperative Marketing Federation Limited, Atal Nagar, Raipur, District - Raipur (C.G.) RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 6 - Collector Raipur, District - Raipur (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Tapan Kumar Chandra, Advocate on behalf of Mr. T.K. Jha, Advocate. For Respondent(s)/State : Mr. Ajay Kumar Pandey, G.A. For Respondent No. 5 : Mr. Sandeep Dubey, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 08/10/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 That, this Hon'ble Court may kindly please to direct the respondent authority to pay interest on the gratuity amount of Rs.5,42,433 from the date of retirement i.e. from 01-07-2010 to the date of first part payment of the amount i.e.17-08-2015. 10.2 That, this Hon'ble court may kindly be please to direct the respondent authority to pay Interest on the amount of Rs. 1,96,802 from the date of part payment Le. from 19- 08-2015 10 the date of payment of the amount i.e. 10- 04-2017. 10.3 That, thia Hon'ble court may kindly be please to direct the respondent, authority pay Interest on the 3 amount of Rs. 3,89,109/- as per the order passed by the Learned Labor Court dated 08-12-2017 (Rs. 1,96,602 has been already paid from the said amount). 10.4 That further this hor'ble court may direct the respondent authority to pay the amount of arrears as per the order/notification dated 23-01-2018 for fixation of payment. 10.5 That, the respondent authority may also be directed to pay the appropriate compensation for delay caused to the petitioner and for the physical and mental hardship suffered by the petitioner. 10.6 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favor of the petitioner together with cost of the petition.” 2. Brief facts of the case, is that, the petitioner was employed as an Assistant Accounts Officer at the Chhattisgarh State Co-operative Marketing Federation Limited, Raigarh (CG), and retired from the post on 30th June 2010, with a copy of the retirement order and no dues certificate submitted. At the time of retirement, the petitioner was entitled to a gratuity amounting to Rs. 5,42,433/-, which was not paid in full. Despite repeated representations, only a part payment of Rs. 3,25,410/- was released on 18th August 2015, while the remaining Rs. 1,96,602/- was unjustifiably 4 withheld by the respondent authority without providing any valid explanation. After persistent efforts by the petitioner, the withheld amount was eventually paid on 10th April 2017, evidenced by the payment letter. Aggrieved by the delayed and partial payment of gratuity, the petitioner filed a suit before the Learned Labour Court, which, by its order dated 30th November 2017 , directed the respondent authority to pay the remaining gratuity sum of Rs. 3,89,109/- along with interest of Rs. 62 per day from the date of the order. During his tenure, the petitioner faced allegations of misappropriation, leading to a departmental inquiry and adverse orders, which were subsequently overturned when the Deputy Registrar (respondent No. 3) acquitted him of all charges on 26th December 2018. Further, on 31st January 2020, the Controlling Officer and Assistant Labour Commissioner issued a letter to the Collector instructing payment of the gratuity amount of Rs. 3,89,109/- with 12% annual interest, as documented in the relevant annexure. Additionally, it is noted that on 14th February 2019, respondent No. 1 granted the petitioner a time-bound pay scale, yet the arrears associated with this pay revision remain unpaid. 3. Learned counsel for the petitioner respectfully submits that the entire outstanding amount has already been duly paid, however, it is acknowledged that this payment was made after the 5 stipulated deadline. Consequently, the petitioner is seeking the rightful claim of interest accrued on the said amount due to the delay in payment. 4. On the other hand, learned counsel for respondent No. 5 respectfully submits that the payment to the petitioner has been withheld on account of a pending departmental inquiry. It is asserted that, due to the ongoing nature of this inquiry, the department has refrained from disbursing any amounts to the petitioner until the inquiry reaches its conclusion. This procedural safeguard is intended to ensure that all relevant facts are thoroughly examined before any financial transactions are finalized, thereby preventing any premature or potentially unjustified payments. 5. At this juncture, learned counsel representing the petitioner has respectfully brought to the attention of this Hon’ble Court the significance of the orders dated 30th November 2017 and 26th December 2018, in which the petitioner was duly exonerated. These orders are pivotal as they conclusively establish that the petitioner had been cleared of any allegations or liabilities previously raised, thereby affirming the petitioner’s position and substantiating the grounds for relief sought in the present proceedings. The counsel’s invocation of these judgments underscores the necessity for the Court to consider the 6 petitioner’s prior vindication while adjudicating the current matter, ensuring that justice is both served and consistent with the petitioner’s established legal standing. 6. I have heard learned counsel for the parties and perused the material available on record. 7. Taking into account the specific facts and circumstances surrounding this case, and with due consideration of all relevant factors, it is hereby directed that the concerned respondent shall remit the interest legally applicable to the petitioner. This payment must be made in full within a strict timeframe of 60 days from the date on which the respondent receives a copy of this order, ensuring compliance with the prescribed legal obligations and safeguarding the petitioner’s rights. 8. With this observation and direction, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat