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Gaurishankar Borkar Vs State Of Chhattisgarh And Ors

Case No: Writ Petition (S) No. 1209 Of 2019

Date of Decision: Feb. 22, 2019

Hon'ble Judges: P. Sam Koshy, J

Bench: Single Bench

Advocate: Punit Ruparel, Raj Kumar Gupta, Sunita Jain

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Judgement

P. Sam Koshy, J

1. The limited grievance which the petitioner has raised in the present writ petition is that the petitioner, though he has retired on 30.11.2012, till the

date retiral dues have not been released to the petitioner.

2. Counsel for the petitioner further submits that there were two departmental inquiries which were initiated against the petitioner. In both these

departmental inquiries orders have been passed exonerating the petitioner and he has also been granted the consequential promotional benefits in the

light of the exoneration from the departmental inquiry and as such there is no further disqualification left for denying his retiral dues.

3. According, to the petitioner the respondents have issued various correspondence which shows that there is an approval for release of his pension,

gratuity, etc, but though orders have been issued but it has in fact till date not been implemented and he has not received any retiral dues whatsoever

till date.

4. Given the aforesaid submission by the counsel for the petitioner this Court is of the opinion that ends of justice would serve if the respondent No. 2

and 3 are directed to ensure that the retiral dues payable to the petitioner (if it has not been paid) be released forthwith within a period of 90 days from

the date of receipt of copy of this order.

5. The respondents would only consider the case of the petitioner in case if it already has not been released to him in such event an appropriate

communication be made to the petitioner in this regard. However, in case any further dues which are yet to be paid that is if something is left to be

paid by way of arrears or revision of pay etc., the same may be processed without any further delay.

6. It shall be the responsibility of the petitioner to apprise the respondent No. 2 and 3 , so far as the order passed by this Court is concerned.