1 CGHC010273172026 2026:CGHC:31052 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5388 of 2026 1 - Vijay Kumar Pandey S/o Shri Mohan Lal Pandey Aged About 67 Years R/o Quarter No. N.E.-7, C.S.E.B. Colony, Korba, District Korba, C.G. ... Petitioner versus 1 - Chhattisgarh State Power Generation Company Limited, Through Its Managing Director, Vidyut Bhawan, Danganiya, Raipur, C.G. 2 - Chief Engineer (Production) D.S.P.M. Thermal Power Station, Korba East, District- Korba, C.G. 3 - Superintending Engineer (H.R.) D.S.P.M. Thermal Power Station, Korba East, District- Korba, C.G. 4 - Assistant Engineer, E.M.D. D.S.P.M. Thermal Power Station, Korba East, District- Korba, C.G. ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Syed Mohammad Sohail Afzal, Advocate For Respondents : Mr. Mayank Chandrakar, Advocate Hon’ble Shri Justice Bibhu Datta Guru Order on Board 21/07/2026 1. By the present petition, the petitioner has prayed for following reliefs:- “10.1 Issue an appropriate writ, order or direction directing the respondents to immediately accept possession of Quarter No. NE-7, CSEB Colony, AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2026.07.22 17:48:27 +0530 2 Korba. 10.2 Direct the respondents to release the petitioner's Death-cum-Retirement Gratuity of approximately Rs.20,00,000/-forthwith. 10.3 Direct the respondents to pay interest at the rate of 6% per annum or such higher rate as this Hon'ble Court may deem fit on the delayed payment of gratuity from the date it became due till the date of actual payment. 10.4 Award costs of the petition to the petitioner, along with any other relief as deemed fit in the interest of justice.” 2. Learned counsel for the petitioner would submit that the action of the respondents in not releasing the death-cum-retiral dues within the stipulated time period amounting to Rs. 20,00,000/- is causing difficulty to the petitioner though he has retired long back. Thus, he has filed the present writ petition also with a prayer that the respondent may be directed to pay death-cum-retiral gratuity with interest. 3. This was vehemently objected by the learned counsel for the respondent and would submit that since the petitioner has not vacated the house which was allotted to him while in service despite persuasion made by the respondents, therefore, the death-cum-retiral dues has been withheld which is justifiable reason for not releasing the gratuity within the stipulated time period and would pray for dismissal of the writ petition. Alternatively, he would submit that if the petitioner pays the rent alongwith the penal rent within stipulated period given by this Court, the respondents will release the death-cum-retiral dues subject to condition that the petitioner shall vacate the house which was allotted to him while in service. 4. I have heard learned counsel for the parties and perused the record. 3 5. The learned counsel for the petitioner on instruction would submit that petitioner is ready and willing to pay the penal rent and rent up to date, but he would submit that since the DCRG cannot be withheld, therefore, he is entitled to get the interest in delayed payment of retiral gratuity amount. 6. Considering the submission made by the parties, it is directed that the petitioner will vacate the house in question within 21 days and will inform in writing to the concerning department regarding intimation with regard vacation of the house which has been allotted to him while he was in service and thereafter within 30 days the respondent shall release the retiral dues with 6% interest after deducting the rent and penal rent. 7. The learned counsel for the petitioner would submit that he will vacate the house within 21 days and thereafter within the time period given by this Court in foregoing paragraphs the respondent shall release the gratuity as directed by this Court. 8. With the aforesaid observation and direction, the present writ petition is allowed in part. SD/- (BIBHU DATTA GURU) JUDGE Rahul/ Amardeep