HIGH CQURT G1: €HHATTIS£3ARH AT BILASPUR Ag WRIT PETI'HON (SE N0. 2178 £2609 PETETIONER Prahlad KenWat. VERSU$ Chief Managing Diz‘ectoi; Smith Eastern Ceaifields Limited & Othsx's. Wi IT PETITEON UNBER ARTICLE 226 OF THE CONSTITUHON OF INDIA RESPORE‘ENTS SE: Hmfme Shri Sam}; K. Agnjimtri. J. Presam: a Shn‘ P.M.Shrivas, Advocate for the petitioner. 3§hri RSKoshy, Advemte for the resp0i1dents. GREEK ’URAL) (Passed 0n 20"day GfOctoben 2009) "x’v’ith ihe consent cfieamed eounsei appearihg for the pmies: tEle ma‘ier is heard iimHy. ‘Exe @e‘mioneg 10y ihis geiitim}, seeks payment of {etiral dues of his father namely Tijau Kenwat; who aiier his retiremen‘t on 14m Septemeer, i997. died subsequently on 07m December, 2000. The pelMcnen in his aiiEdaVit dated 09m September, 2009 submits zhal he is not aware asto Whether redrai dues has been paid i0 his fame: or 310$. Admii‘teéEy, his father had receiveel some amouni befoi‘e his deem. § ; However, aPLer his / dea‘é‘j, ' ~, ihe : peiitioner has not received my pexision or e g‘a’tuiiy. Thus, IE3 Qetitim' ‘2. The respondems, in their retum daied 23rd July, 2009, ca’iegoricaiiy submit that the father of the petiiioner nameiy Tijau Kenwai was eatiaed to retired dues. The gratuity amount :0 the tune ofRs. 54:529J- was paid . e to the father of the pettttoner . . . on 13h f November, s i997. rvu lite respondents further submit that an amount of Rs. 1,65,346/— tewztrds z M CM?F has aise been paid m the yam” E997 to Tijau Keiiwaz. Howevei; an 2131101111”: of Rs. 8,727/- arising 0111 of airears sf gramity due to impiementaiim Qf NCWA—VL could not he paid to 'fijau Kemrat as Tijau Karma? and his nominee, bo‘ih died. Shri Keshy furt‘mr submits that sue said emeum of Rs. 8,727/- may be paid to the petitiener on ubmission of succession certificate duiy issue-d by the competent smart af iaw. 1 Shri Shriwas, ieamed counsei apeearing for the peiiiioner submits ma: :he pe‘iitioner wouid produce the successimi certificate befere the aui’xiofities far receiving ie balence amouiii 0f eii‘ears of gratui‘fy amount to me tune of Rs. 8.727/-. Having considered all the facts of the matter and submissions advanceci bv the ieameci counsel for ’Eiie paitées, it appears tiia‘i except a sum of Rs. 8.727% i.e. arrears of gratui‘iy, all the retirai dues have been paid to {he father ofthe petitioner. LII With respeci to arrears of gratuity to the tune of Rs. 8,727/—, as submii‘teri by learned counsei for Lire responéems. the same may be paid i0 the petitioeer with interest, in accordance with iaw, om productiorl of succession certifieéte dlaiy'issued by the competent coort of 121w, at the O\ eariiest. In View of atbove, the betition is disposed of. #1,,K Sdl- Satish K. Agnihotri\ Judge