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2026 DAILYLAW 15152 (CHH)

PYARELAL SINHA v. STATE OF CHHATTISGARH

WPS/197/2026 · 2026-01-11

Shri Parth Prateem Sahu

body2026

Judgment text

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1 / 2 2026:CGHC:1562 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 197 of 2026 • Pyarelal Sinha S/o Nathelaram Sinha Aged About 65 Years Retired Salesman, R/o Village And Post Aroud, Tehsil Dhamtari, District Dhamtari (C.G.) ... Petitioner 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 Krishi Shakh Sahkari Samiti Achhota, Registration No. 547 Village Achhota, Tehsil And District Dhamtari (C.G.) 5. Prabhari Samiti Prabandhak Prathmik Krishi Shakh Sahkari Samiti Achhota, Registration No. 547 Village Achhota, Tehsil And District Dhamtari (C.G.) ... Respondents For Petitioner : Mr. Hemant Kesharwani, Advocate For Respondent-State : Ms. Anuja Sharma, Dy. Govt. Adv. Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 12/01/2026 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 No. 2 to recover PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 2 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 for which he is entitled before the controlling authority under the Gratuity Act, 1972. The application submitted by petitioner was allowed by competent authority by order dated 10.10.2024. Even after passing of order of awarding gratuity in favor of petitioner, when the amount of gratuity is not paid he has filed an application for execution of order. The competent 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 directives of controlling authority under the Act of 1972. 3. Learned State counsel submits that according to the document controlling authority under the Act of 1972 wrote letter to Respondent No. 2/ Collector for execution of order of award of gratuity, it will be acted upon at the earliest. 4. I have heard learned counsel for the parties. 5. 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 to conclude the proceedings of recovery as per letter issued by competent 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 other legal impediment. 6. Accordingly, this writ petition stands disposed of with the aforesaid observation and direction. Sd/- (Parth Prateem Sahu) pwn JUDGE