NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1122 of 2021 1 - S. P. Rai S/o Late J.P.Rai, Aged About 68 Years Retired Senior Branch Manager R/o Sattipara, Ambikapur, Tahsil And Police Station Ambikapur District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh --- Petitioner Versus 1 - State Of Chhattisgarh, Through, The Secretary, Co-Oprative Department, Mahanadi Bhawan, Mantralaya Raipur, Chhattisgarh 2 - Registrar, Co-Operative Societies, Indrawati Bhawan Atal Nagar Raipur, District Raipur, Chhattisgarh 3 - Deputy Registrar, Co-Operative Societies, Ambikapur, District Surguja, Chhattisgarh 4 - C.E.O., District Co-Operative Central Bank Maryadit Ambikapur Tahsil And Police Station - Ambikapur, District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh --- Respondents WPS No. 1179 of 2021 1 - Ram Kumar Verma S/o Late Nilkanth Sahay Verma, Aged About 71 Years Retired Clerk R/o Gudari Chauk, Ambikapur, Tahsil And P.S. Ambikapur, District Surguja (Chhattisgarh ---Petitioner Versus 1 - State Of Chhattisgarh Through The Secretary, Co-Operative Department, Mahanadi Bhawan, Mantralaya, Raipur Chhattisgarh 2 - Registrar, Co-Operative Societies, Indrawati Bhawan Atal Nagar Raipur, District Raipur Chhattisgarh ASHISH TIWARI Digitally signed by ASHISH TIWARI Date: 2025.12.19 19:15:04 +0530 -2- 3 - Deputy Registrar, Co-Operative Societies, Ambikapur, District Surguja Chhattisgarh 4 - C.E.O., District Co-Operative Central Bank Maryadit Ambikapur Tahsil And P.S. Ambikapur District Surguja (Chhattisgarh) --- Respondents WPS No. 1139 of 2021 1 - Siyaram Patel S/o Bandhuram Patel, Aged About 68 Years Retired Supervisor, R/o Jodapipal, Ambikapur, Tahsil And P.S. Ambikapur District Surguja Chhattisgarh, ---Petitioner Versus 1 - State Of Chhattisgarh Through The Secretary, Co-Operative Department, Mahanadi Bhawan, Mantralaya, Raipur (Chhattisgarh) 2 - Registrar, Co-Operative Societies Indrawati Bhawan, Atal Nagar Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 3 - Deputy Registrar, Co-Operative Societies, Ambikapur District Surguja Chhattisgarh 4 - C.E.O., District Co-Operative Central Bank Maryadit Ambikapur Tahsil And P.S. Ambikapur, District Surguja Chhattisgarh --- Respondents WPS No. 1201 of 2021 1 - R. A. Tripathi S/o Late Ram Manohar Tripathi Aged About 68 Years Retired Branch Manager, R/o D.C. Road, Ambikapur, Tahsil And P.S. Ambikapur, District- Surguja, Chhattisgarh ---Petitioner Versus 1 - State Of Chhattisgarh Through The Secretary, Co-Oprative Department, Mahanadi Bhawan, Mantralaya Raipur, Chhattisgarh 2 - Registrar Co-Operative Societies Indrawati Bhawan Atal Nagar Raipur, District- Raipur, Chhattisgarh 3 - Deputy Registrar Co-Operative Societies, Ambikapur, District- Surguja, Chhattisgarh 4 - C.E.O. District Co-Operative Central Bank Maryadit Ambikapur, Tahsil And P.S.- Ambikapur, District- Surguja, Chhattisgarh -3- --- Respondents For Petitioners : Shri Bhupendra Singh, Advocate For Respondent/State : Ms. Shailja Shukla, Dy. G. A. For Respondent No.4 Shri Anurag Singh, Advocate. Hon'ble Shri Justice Sachin Singh Rajput Order on Board 05/12/2025 1. Since identical issue involved in these petitions, they are being heard and decided by this common order. For sake of convenience WPS No.1122/2021 is taken as lead case. 2. Following relief has been claimed in this writ petition:- 10.1 That, this Hon’ble Court may kindly be pleased to direct to respondent No.4 to modify the order dated 07/08/2020 (Annexure P-1) and pay to the petitioner as per order passed by the respondent No.3 on 05/08/2015 (Annexure P-2 ) then and there and may kindly be further pleased to direct the respondents to maid payment without any delay. 10.2 That, any other relief, which this Hon’ble Court may deem fit and proper under the facts and circumstances of this case, may also be granted to the petitioner. 10.3 That, the cost of the petition may also be granted. 3. Fact of these cases which emerges from the pleadings are that the petitioners are Retired Employees of Co-Operative Central Bank Maryadit, Ambikapur District Surguja Chhattisgarh. But after retirement respondent No.4 has not given gratuity amount to the petitioners as per law. Thereafter, the petitioners had filed an appeal before respondent No.3 which was decided on 05/08/2015. By which the respondent No.3 has directed to the -4- respondent No.4 to pay difference of gratuity amount to the petitioner with interest at 9% per annum from the date of retirement. Thereafter respondent No.4 has filed first appeal against the said order before learned Registrar respondent No.2 which was rejected 16/05/2017. Thereafter respondent No.4 has filed second appeal against the said order before learned Co- operative Tribunal which was rejected on 03/05/2019, but respondent No.4 has not complied the order fully he compelled to the petitioner to receive disputed difference amount of gratuity without interest by taking application by him that give the amount as decided in para 19 but copy of said order has not been served to petitioner therefore he unaware about para-19 of said order. Thereafter respondent No.4 has finally passed the impugned order on 07.08.2020 by which released the said amount without any interest. 4. Learned counsel for the petitioners submits that the petitioners in all these petitions are employees of respondent No.4 who retired in the year 2011- 2012 from different posts. The petitioners were entitled to receive the retrial dues including gratuity. As the retrial dues and gratuity were not paid all of them approached the Court of Sub-Registrar, Co-operative Society, Ambikapur, District - Surguja at Ambikapur by filing an application Under Section 64 of C.G. Cooperative Societies Act, 1960 (for short ‘Act of 1960’). The case was registered as the case No.26/64. The Deputy Registrar / respondent No.3 vide its order dated 05/08/2015 directed respondent No.4 to make payment of retiral dues including the gratuity within a period of one month. It has also been observed that if the dues are not paid, the respondent No.4 shall be liable to pay 9% interest on that amount from the date of the retirement till date date of actual payment (Annexure P/2). The said order was subject to challenged by the respondent No.4 before the Court of Registrar Co-operative Societies, Chhattisgarh (Respondent No.2) -5- which was registered as F.A. No.78(1)(क) /10/A.m/2016. Vide order dated 16/05/2017 the appeal filed by the respondent No.4 (Annexure P/3) was dismissed and the order dated 03/05/2019 passed by the respondent No. 3 was affirmed. The respondent No. 4 again challenged the order of respondent No. 2 in Second Appeal before the Chhattisgarh State Cooperative Tribunal, Bilaspur under Section 78(2) of Act of 1960. The said appeal was registered as Case No. 76/2018 and learned Tribunal vide its order dated 03/05/2019 (Annexure P/4) also dismissed the appeal of the respondent No.4. Thereafter, he further submits that on 07/08/2020 respondent No.4 paid gratuity amount to the respective petitioner, however, failed to pay interest upon it as directed by the respondent No.3 in its order dated 05/08/2015. He submits that respondent No.4 may be directed to pay interest at the rate of 09% from the date of retirement to the petitioners till it actual payment. 5. Learned Counsel for the State submits that the dispute is between the petitioners and respondent No.4 and State is a formal party. 6. Opposing the submissions Shri Anurag Singh, Advocate submits that though the Deputy Registrar has passed an order that the Gratuity amount be paid within one month from the date of order failing which the respondent No.4 was liable to pay interest at the rate of 9% from the date retirement till actual payment. However, the petitioners have given their written consent for waiver of the interest part. Therefore, they gave their right to get the interest, so they are not entitled for any relief. 7. Heard learned counsel for the parties and perused the record. 8. There is no dispute that respondent No.3 / Deputy Registrar has directed the respondent No.4 to make the payment of the retiral dues including gratuity within one month failing which they will be liable to pay 9% interest. The -6- order was challenged by the respondent No.4 to Co-Operative Tribunal unsuccessfully. On a pointed query being asked, learned counsel for the respondent No.4 submit that the order of the Co-Operative Tribunal (Annexure P/4) has not been further assailed before any other Court or Authority. Thus in the opinion of this Court the order passed by the respondent No.3/Deputy Registrar has attained its finality. The order in unmistakable terms indicates that the amount of retiral dues including gratuity was to be paid within a month from the date of its order ie 05/08/2015 failing which respondent No.4 was bound to give 9% interest from the date of retirement of the petitioners till actual payment. The arguments has been advanced by the learned counsel for the respondent No.4 that the petitioners have given a written consent waiving the interest part is liable to be rejected on the ground that barring one petitioner, he has not placed on record the written consent of other petitioners. 9. Be that as it may, if the respondent No.4 was so keen to comply the order of Deputy Registrar it could have paid the amount within one month as directed. However instead of doing so, it challenged it upto the Co-Operative Tribunal unsuccessfully. Now the respondent No.4 cannot be permitted to take a shelter that the petitioners have given their consent waiving their right. The petitioners are contesting their case for almost more than a decade and they were deprived of the interest which has already been passed by the respondent No.3 as indicated above. Therefore, this contention is also rejected. 10.Thus, this Court passes the following order :- The respondent No.4 shall pay the interest at the rate of 9% on the gratuity amount paid by it from the date of retirement of respective petitioner till the -7- date of actual payment above within a period of 60 days from the date of receipt of copy of this order. 11. Accordingly, these writ petitions are allowed as indicated above. Sd/- Sd/- (Sachin Singh Rajput) Judge Ashish