CW^\^ SINfiLE BENCM G IN THE HON'BLE HIGH COURT QFGHHATTISGARH AT BILASPUR WRIT PETITION ( S ) No. ^^y/ 2Q1J, PETITIONER ^" T Y^>.<^'>-" \-'<'Q/..>'. ff\^ ^•••"0%^ .'••''- ,\>;' v^?\ G. D.KADA S/o Late Shri.Nathoo Ram Kada., Aged about 63 Years, Retd. Assistant Director oflndustries., O/o Directorate of Industries, Raipur. Residing at : 94 Jawahar Nagar, DURG (Chhattisgarh). State of Chhattisgarh, Through : The Secretary Deptt. of Commerce and Industries D.K.S.Bhawan, Mantralaya, RAIPUR-492001 (CG) The Commissioner (Industry), Directorate oflndustries, 2ND Floor, LIC Building, RAIPUR- 492004(CG) WRIT PETITION UNDER ART1CLE 226 OF THE CONSTITUTION OF INDIA. 2. ^c_.l ^ f! ^—^. B 1 v^^% j .^ ^^^I;HC-22 3TT^I'^'T f<rl[ch 3TI^T 5b^ir+) -yf^a ^: ^S[ -qjqi<n^, ^Tll<4^(o, f^<Y11<-l'4,< 3TT^T J^^K ,...k^..^..C^..2.0..^ 'fN^ST' ^flHC^l ^W^ 200 3TT^T'^H^R ^f^T ctii^^l-i +ii*i<riT'?fi1^ iFsi^K ^ ^Tf^W 3TT^r + f8B : Hon^ble Shri Maulndra BIohan Shrivastava. J.i 11.5.2011 Shri B.P. Rao, counsel fo^- fhe petittioner. Shri P. Bhaduri, Panel l^awyer for the State/respondents, on advance copy. | Heard on admission. The grievance raised by f|ie petittioner in tihis petition is fhat balance of gratmty, till dat^, has remained unpaid due to pendency of case ofthe petitioijier before respondent No.2. Leamed counsel for t]tie petitioner submits fhat fhe petitioner had retired from serjdce on 31st July, 2007 and in view of adverse order passed by 1 dated 13.10.2008 passed by n phe State level High Power Caste Scruttny Committee, fhe retriajl benefits were wifhheld vide order ^spondent No.2, against which, an appeal was preferred to fhe Apjpellate Authority and tlie Appellate Authority vide its order dated 125.2.2010 directed fhe matter for reconsideration. When fhe ma^ter was not decided, the petitioner submitted a representation 04 20th September, 2010 (Annexure P-6) for release of the balancejamount of gratuity. The petitioner also ffled a Writ Petition (S) Noj 6905/10, which was dismissed as withdrawn vide order dated 29th November, 2010 with liberty to file petition after reasonable tune is over in taking decision of application dated 20th Septeiriber, 2010 filed before respondent No.2. [^ ^-:: '..^•^ a.1 ^'^I-HC-22 ^./' ~5^( ^i^icn^, ^iil^^Ko, [®icni<^< 3fl^?r XR^ ^TT^I^T ^i5h 3TI^T 9h^icb 'yf^a HW^i\ ^^^ "•—'-—^^ 200 '^»^ST" 3?i^T'^TTBiR'Hf^T •^H Leamed counsel for fhe date, fhe matter has remaine^ and on account of pendency, not been released. The repres) September, 2010 (Annexure P-\ It appears that in view] AppeUate Authorily, fhe cas^ pending before respondent Nc| the balance amount of gratuit5| In ftiese circumstance^ petitioner has retired on 311 respondent No.2 ShaU take de^ of 3 months from fhe date of r^sceipt of copy offhis order. In case, no final deci^i aufhorily within tlie said peri^ shall be released in favour of fl: c?)l^t<n<'fl<1 tTR^ff ^^^[ <Rs1^!< ^ ^rf^m arr^T Ipetitioner submitted fhat even till ^ pending before respondent No.2 |tie balance amount of gratuity tias lentation which was made on 20to ^) has also not been decided. of order dated 25.2.2010 of fhe of the petitioner has remained .2 wifhout. any final decision and therefore, has not been released. it would be proper to direct respondent No.2 to take fin^l decision in the matter. As fhe July, 2007, it is directed fhat ision in fhe matter wifhin a ^riod on is taken by fhe respondent" d, tlie balance amount of gratmty petitioner. With the aforesaid ol^ervations, fhe petition is finalfy disposed of j Sd/- - j Manindra Mohan Shrivastava 1 Judge Proyc^cn, ^,,,,.,,