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2025 DAILYLAW 9974 (CHH)

SHANTI HOTA v. STATE OF CHHATTISGARH

WPS/1352/2024 · 2025-04-21

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:17968 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1352 of 2024 1 Shanti Hota W/o Ashish Hota Aged About 74 Years R/o Naya Ganj, Near B.S.N.L. Office Belauda, Raigarh, District Raigarh (C.G.) ... Petitioner(s) versus 1 State Of Chhattisgarh Through The Secretary School Education Department Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, Raipur, District Raipur (C.G.) 2 Director Directorate Of Public Instrucion Indrawati Bhawan, Atal Nagar, Naya Raipur, District Raipur (C.G.) 3 Divisional Joint Director Education Division Bilaspur, District Bilaspur (C.G.) 4 District Education Officer Raigarh, District Raigarh (C.G.) 5 Carmel Girls Higher Secondary School Through Its Manager, Raigarh, District Raigarh (C.G.) ... Respondent(s) For Petitioner(s) : Shri Vedant Shadangi, Advocate For Respondent/ : Shri Kanwaljeet Singh Saini, P.L. JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.04.22 10:28:02 +0530 2 State For Respondent No. 5 : Shri Siddhant Das on behalf of Shri Vivek Sharma, Advocate Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 21/04/2025 Heard. 1. By the present writ petition, the petitioner, who retired on 31.10.2012, from the post of Lecturer (Hindi) from Carmel Girls, Higher Secondary School, Raigarh is seeking a direction towards the respondent authorities for payment of gratuity amounting to Rs. 17,70,401/- . 2. Learned counsel for the petitioner submits, that the petitioner has also submitted a representation to the authorities dated 27.03.2023, however till date neither the representation has been decided nor the gratuity amount has been released. He further submits that by order dated 12.03.2024, respondent No. 5 was directed to file affidavit explaining as to why the amount of gratuity has not been paid to the petitioner, but till date affidavit has also not been filed. 3. Learned counsel for respondent No. 5 on instructions submits that though the affidavit has not been filed, still respondent No. 5 is 3 willing to pay the gratuity amount as per the circular of the State government dated 20.05.2024. By which the state government by referring the order of the Division Bench of this Court in WPL No. 223 of 2017, dated 10.05.2024, directed all private educational institution to pay the amount of gratuity to the teachers retired after 03.04.1997 till 31.03.2013. 4. I have heard learned counsel for the parties and perused the records and the circular issued by the State government dated 20.05.2024 whereby the State government has directed to the private unaided education institutions to pay gratuity to the teachers retired after 03.04.1997 till 31.03.2013 and as the petitioner has retired on 31.10.2012. 5. Considering the same, the present writ petition is disposed off with a direction to respondent No. 5 to release the gratuity amount as claimed by the petitioner after verification within a period of 60 days from today. 6. With the aforesaid observation, the petition stands disposed off. 7. The petitioner is at liberty to apprise the concerned authority about the order of this court. Sd/- (Bibhu Datta Guru) JUDGE Jyoti