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2026 DAILYLAW 5569 (CHH)

BENIRAM DARWAI v. FERRO SCRAP NIGAM LIMITED

WPS/2837/2023 · 2026-03-10

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 2026:CGHC:11636 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2837 of 2023 * - Beniram Darwai S/o Late Shri Ganpati Darwai Aged About 64 Years R/o House No 254, Ward No. 9 Nehru, Multai, District Betul (M.P.) ... Petitioner Versus 1 - Ferro Scrap Nigam Limited Through Assistant General Manager (P & A), F.S.N.L. Bhawan, Equipment Chowk, Central Avenue, Bhilai 490001 Chhattisgarh. 2 - Ferro Scrap Nigam Limited, Rourkela Unit Through Deputy General Manager, Inside Rourkela Steel Plant, RSP Road, Rourkela, Odisha – 769011. 3 - Nirmala Darwai W/o Beniram Darwai, D/o Lt. Rahunath Koshe, R/o Block No. 9, Qrt No. 08, Street No. 12, Sector - 1, Bhilai 490001 Durg Chhattisgarh. ... Respondents For Petitioner : Mr. Akash Kundu, Advocate For Respondents No. 1 and 2 : Mr. Aishwarya Dubey, Advocate For Respondent No. 3 : Mr. Vijay Deshmukh and Ms. Tejaswi Mandavi, Advocates Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 11/03/2026 1. The petitioner has filed this petition seeking the following relief(s):- “10.1 That the Hon’ble Court may be pleased to issue appropriate writ/order/direction, directing the Respondent authorities immediately release the retiral dues of the petitioner, with appropriate rate of interest along with the travelling allowance which is due, in the interest of justice. Digitally signed by RAMESH KUMAR VATTI Date: 2026.03.12 10:54:36 +0530 2 10.2 That the Hon’ble Court may be pleased to issue appropriate writ/order/direction, directing the Respondent authorities to immediately release the retiral dues of the petitioner during the pending of this writ petition with such condition as may deem fit. 10.3 Any other relief(s), direction(s), which Hon’ble the Court deems fit, and proper, in the circumstances of the case.” 2. Mr. Vijay Deshmukh, learned counsel appearing for respondent No. 3 would submit that respondent No. 3 has vacated the company accommodation on 10.03.2026. 3. Mr. Akash Kundu, learned counsel appearing for the petitioner would submit that the company accommodation was retained by respondent No. 3 and marriage between the petitioner and respondent No.3 was dissolved way back in the year 1997 and the possession of the accommodation was handed over to the company on 13.07.1998. It is submitted that the petitioner retired from services in the year 2018 and since 1998 till date of retirement, the company accommodation was never retained by the petitioner. He would contend that the company accommodation remained in possession of respondent No. 3 and the petitioner cannot be held liable. He would further submit that respondent No. 1 may be directed to release remaining part of retiral dues. 4. On the other hand, Mr. Aishwarya Dubey, learned counsel appearing for respondents No. 1 and 2 would submit that undisputed amount of retiral dues has already been paid to the petitioner. He would submit that balance part of retiral dues would be assessed and paid to the petitioner at the earliest. 5. Heard learned counsel for the parties. 3 6. Taking into consideration the submission advanced by Mr. Aishwarya Dubey, there is no need to keep this matter pending. Accordingly, the petition is disposed of. 7. However, the petitioner would be at liberty to make representation in light of subsequent development within a period of 10 days from today and Respondent No. 1 shall decide it preferably within a period of further 30 days. The petitioner would also be at liberty to revive his prayer, if cause of action subsists. 8. Respondent No.1 shall consider the fact that the company accommodation has already been vacated by respondent No. 3 which was a hurdle in disposal of claim of the petitioner. Respondents No. 1 and 2 shall make endeavors to finalize the claim of pension of the petitioner at the earliest within a period of 30 days. Sd/- (Rakesh Mohan Pandey) Judge vatti