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2025 DAILYLAW 54578 (CHH)

AWADHESH DUBEY v. STATE OF CHHATTISGARH

WPS/5926/2022 · 2025-05-04

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:20478 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5926 of 2022 1 - Awadhesh Dubey S/o Shri Mahavir Dubey Aged About 60 Years R/o H.No.1104, Mahamaya Marg, Ward No.10, Shankar Nagar, Kumhari., District : Durg, Chhattisgarh ... Petitioner(s) versus 1 - State of Chhattisgarh Through Its Secretary, Department Of Pashudhan Vikash, Mantralaya, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, (C.G.) 2 - Chhattisgarh State Dairy Co-Operative Federation Ltd. Through Its Managing Director, Village Urla, Post Bmy Charoda, Police Station Charoda., District : Durg, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Neeraj Choubey, Advocate. For Respondents/State : Mr. Sanjeev Pandey, Dy.A.G. For Respondent No.2 : Mr. Om Prakash Sahu, Advocate Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 05/05/2025 1. By the present writ petition, the petitioner is seeking a direction towards the respondent No.2 for release of retiral dues AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.05.07 18:10:51 +0530 2 amounting to Rs.27,50,500/- on account of gratuity, leave encashment, arrears of annual increment, arrears of D.A. and arrears of pay fixation. 2. Learned counsel for the petitioner submits that during the pendency of the writ petition, the respondents have released the amount of retiral dues amounting to Rs. 19,87,562/-, though the petitioner is still entitle for the rest part of the claimed amount of retiral dues. 3. Learned counsel for the respondent No.2 by referring R-2/2 submits that by calculating the retiral dues on the basis of the claim and entitlement of the petitioner, the respondents have already released the amount of Rs. 19,87,562/- and the petitioner has received the same without any objection, hence, at this stage, the petitioner cannot claim that the amount received by him is not calculated properly. 4. I have heard learned counsel for the parties, perused the pleadings and documents. 5. Looking to the submission made learned counsel for the parties, as the petitioner is questioning the quantum of retiral dues as calculated by the respondent No.2, the writ petition is disposed of with a direction to the respondent No.2/Managing Director, Chhattisgarh State Dairy Co-operative Federation Ltd. to consider the claim of the petitioner in accordance with law by giving him proper opportunity of hearing and pass a detail 3 order regarding the entitlement of the retiral dues as claimed by the petitioner within a period of 50 days from the date of receipt of order of this Court. 6. With the aforesaid observation and direction, the writ petition stands disposed of. SD/- (Bibhu Datta Guru) Judge Amardeep