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2026 DAILYLAW 23042 (CHH)

SMT. PREMA PILLEY v. STATE OF CHHATTISGARH

WPS/4714/2026 · 2026-06-23

Shri Bibhu Datta Guru

Public Interest Litigationbody2026

Judgment text

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1 2026:CGHC:25899 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4714 of 2026 Smt. Prema Pilley W/o Shri P.P Pilley Aged About 65 Years R/o Sai Kripa Nivas Shikari Para Balod, Tehsil And District- Balod (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary Department Of Revenue, Mahanadi Bhawan Mantralaya Naya Raipur (C.G.) 2 - The Collector Balod District- Balod (C.G.) 3 - Chief Engineer Rural Engineering Service Office Of The Development Commissioner Sector- 19 Atal Nagar Naya Raipur District- Raipur (C.G.) 4 - Superintendent Engineer Rural Engineering Service Division Durg District- Durg (C.G.) 5 - Executive Engineer Rural Engineering Service Division Balod District- Balod (C.G.) SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2026.06.24 17:51:06 +0530 2 ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Hemant Kesharwani, Advocate For Respondent(s) : Ms. Anuja Sharma, Dy. Govt. Advocate Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 24.06.2026 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. This Hon’ble Court may kindly be pleased to direct the respondent No. 2 to recover gratuity amount with interest as per award 08.07.2025 passed by controlling authority from respondent No. 5 as early as possible." 2. Learned counsel for the petitioner submits that the petitioner retired from service on 31.07.2022 on attaining the age of superannuation, after rendering more than 42 years of unblemished service. It is submitted that despite being entitled to gratuity of Rs.14,83,004/-, the petitioner was paid only Rs.9,56,480/-. Aggrieved thereby, the petitioner approached the Controlling Authority under the Payment of 3 Gratuity Act, 1972, which vide order dated 08.07.2025 directed respondent No.5 to pay the balance gratuity amount of Rs.5,26,524/-. 3. It is further submitted that the said order has attained finality as no appeal has been preferred by respondent No.5. Thereafter, a Revenue Recovery Certificate (RRC) under Section 8 of the Payment of Gratuity Act, 1972, (for short ‘the Act, 1972’) was issued on 03.12.2025 for recovery of the aforesaid amount as arrears of land revenue; however, no effective steps have been taken by the Collector for its recovery. Consequently, despite the statutory order in his favour, the petitioner has been deprived of his legitimate retiral dues. Hence, appropriate directions are prayed for to ensure expeditious recovery and payment of the outstanding gratuity amount. 4. Learned counsel for the State would submit that the authorities will do the needful within the stipulated period of time to comply with the order passed by the Controlling Authority. 5. I have heard learned counsel for the parties and perused the documents. 4 6. It is an admitted fact that the petitioner rendered the service in the respondent department for more than 4 decades and when the authorities are not taking any initiative for release of the gratuity amount, despite the fact that the same is not a bounty, the petitioner approached the controlling authority under the Act 1972, wherein a specific order has been passed for release of the remaining payment of Rs. 5,26,524/-. Thereafter, the petitioner is running from pillar to post for getting the fruits of the order passed by the Controlling authority. 7. When there is a specific order of the Controlling Authority of Recovery Revenue Certificate (RRC) in favour of petitioner. Collector is not to adjudicate the matter but is only required to comply with the letter issued by the Controlling Authority under the provisions of Section 8 of the Act of 1972. In the facts of the case, where the Controlling Authority has issued a letter to Collector on 03.12.2025, but even thereafter the proceedings have not been concluded, this writ petition at this stage is disposed of directing Respondent No. 2 to conclude proceedings as forwarded to him by the Controlling Authority under Section 8 of the Act of 1972, in accordance with law, 5 expeditiously preferably within a further period of 04 months from the date of receipt of order passed by this Court. 8. With the aforesaid observation and direction, this writ petition is disposed of. Sd/- (Bibhu Datta Guru) Judge Shoaib