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2026:CGHC:1879
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 271 of 2026 Arman Khan S/o Shri Ahmad Khan Aged About 65 Years R/o Village- Kasahi Post- Dahi, Tehsil And District- Dhamtari (C.G.)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through- The Secretary, Cooperative Department Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 2 - The Collector District- Dhamtari (C.G.) 3 - Deputy Registrar Cooperative Sanstha Dhamtari District- Dhamtari (C.G.) 4 - President Prathmik Krishak Seva Sahkari Sakh Santha Dahi Registration No. 619 Village Aamdi, Tehsil And District- Dhamtari (C.G.) 5 - Prabhari Samiti Prabandhak Krishak Seva Sahkari Sakh Santha Dahi Registration No. 619, Tehsil And District- Dhamtari (C.G.)
... Respondent(s) For Petitioner : Mr. Hemant Kesharwani, Advocate For State : Mr. Y.S. Thakur, Addl. Advocate General Digitally signed by PRAVEEN KUMAR SINHA Date: 2026.01.15 15:46:05 +0530
2 / 3 S.B.: Hon'ble Shri Parth Prateem Sahu, Judge
Order on Board 13/01/2026
1. Petitioner has filed this writ petition seeking following reliefs:
“10.1 This Hon'ble court may kindly be pleased to call for entire Records from the office of the respondent in respect of Petitioner's claim. 10.2 The Hon'ble court may kindly be pleased to direct the Respondents no. 3 to 5 to pay gratuity amount with interest. 10.3 The Hon'ble court may kindly be pleased to direct the Respondent 02 to recover gratuity amount as per award dated 10.10.2024 passed by controlling authority from respondents.”
2.
Learned counsel for petitioner submits that petitioner has filed an application for disbursement of amount of gratuity before the Controlling Authority under the Gratuity Act, 1972. The application submitted by petitioner was allowed by competent authority vide order dated 10.10.2024 awarding total amount of Rs.5,48,063/- including interest. Even after passing of an order awarding gratuity in favor of petitioner, when the amount of gratuity is not paid he has filed an application for execution of award. The Controlling Authority under the Act of 1972 while considering the application filed under Section 8 of the Act of 1972 had issued a letter to Collector, Dhamtari for recovery amount of gratuity from the non-applicants therein by attaching property of non-applicant. The letter was issued on 15.05.2025 however, till date the Collector has not complied with the letter of controlling authority under the Act of 1972.
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3.
Learned counsel for the State would submit that proceedings will be concluded at earliest in accordance with law if not concluded.
4. On due consideration of submission made by learned counsel for parties, as also perusal of documents enclosed along with this writ petition, instead of keeping this writ petition pending, I find it appropriate to dispose of this writ petition at this stage, directing respondent No. 2/Collector to conclude the proceedings of recovery as per letter written by Controlling Authority under the Act of 1972, expeditiously, preferably within a further period of 3 months from the date of receipt of the order, if there is no legal impediment to comply with the letter of controlling authority under the Act of 1972 dated
15.05.2025.
5. With the aforementioned observation and direction, this writ petition is
disposed of. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Praveen