Komal Kumar Verma Vs State Of Chhattisgarh And Ors

Chhattisgarh High Court 22 Oct 2019 Writ Petition (S) No. 8719 Of 2019
Bench: Single Bench
Result Published

Judgement Snapshot

Case Number

Writ Petition (S) No. 8719 Of 2019

Hon'ble Bench

Goutam Bhaduri, J

Advocates

Manoj Kumar Sinha, Binu Sharma

Final Decision

Disposed Of

Judgement Text

Translate:

Goutam Bhaduri, J

1. Heard.

2. The grievance of the petitioner is that the petitioner has not been paid the gratuity amount.

3. It is stated that in the earlier round of litigation in WPS No.15 of 2019 on 08.01.2019 this Court has passed the following order:-

3. In the given facts, let the respondents No. 2 & 3 scrutinize the case of the petitioner so far as grant of retiral dues are concerned in accordance

with the circular dated 06/11/2017 and in case if the petitioner is entitled for any dues in addition to what has already been granted, be released to the

petitioner at the earliest preferably within a period of 60 days from the date of receipt of copy of this order.

4.It shall be the responsibility of the petitioner to apprise the respondents No. 2 & 3 so far as the order passed by this Court is concerned.

4. It is further stated that the petitioner has retired from the service on 30.11.2017, however, till date retiral dues have not been released. After the

order passed by this Court in WPS No.15 of 2019 on 08.01.2019 the contempt petition No.419 of 2019 was filed, wherein on 19.08.2019 this Court has

passed the following order:-

2. The respondents today entering appearance submits that due compliance of the order has been made as all the retiral benefits has been released to

the applicant/petitioner. The respondent has submitted the photocopy of the cheque displaying the amount to deposited in the bank account of the

petitioner/applicant.

3.Given the said document which the respondent has produced, this Court is of the opinion that the order stands complied with, as such the contempt

proceedings need not be proceeded further. In case, if there is any discrepancy, so far as amount paid to the petitioner/applicant, if it is not settled by

the respondent authorities so far as retiral benefits payable to the petitioner/applicant is concerned, he would be at liberty to approach this Court at

later stage, as such in case, the grievance still survives.

5. Petitioner contends that thereafter the petitioner has made a representation Annexure P-13. Thereafter, though certain amount was said to be

released but the amount of gratuity has not been released. It is stated that the petitioner, therefore, cannot approach to the authority as the

representation of the petitioner is not been decided.

6. Considering the earlier order passed by this Court and also the fact that the representation of the petitioner is pending, the respondent No.4 is

directed to decide the representation of the petitioner so that the petitioner, who is a retired employee, come to know that how much amount has been

paid and how much amount is due according to the respondent, so that he can avail his further course of action. The said representation may be

decided within a period of 60 days from the date of receipt of copy of this order.

7. with the aforesaid observation, the writ petition stands disposed of.

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