Disposed

Dilchand Sahu and Ors. v. South Eastern Coalfields Ltd. and Ors.

Chhattisgarh HC8 Aug 2018WPS/5272/2010

Case brief

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What is this about?

The petitioner, having already superannuated, sought declaratory relief. The court held the writ petition infructuous but directed the primary respondent to process and pay retiral dues with 9% annual interest within three months.

What did the court decide?

Directed Respondent No. 2 to process retiral dues within three months and pay them with 9% interest per annum from retirement date.

Dilchand Sahu and Ors. Vs South Eastern… — Pension and Retirement Benefits | Chhattisgarh HC (2018)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO. 5272 OF 2010

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Dilchand Sahu S/o Manu Sahu, aged about 59 years working as Loader, Govinda Jamuna Kotma Area, R/o Bouripara, Ambikapur, District Surguja (CG).

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…Petitioner(s)

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Versus

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1. South Eastern Coalfields Ltd. Seepat Road, Bilaspur (CG) though its Chairman cum Managing Director.

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2. The Chief General Manager, South Eastern Coalfields Ltd. Jamuna/Kotma Area, Post Office, Kotma Colliery, Distt. Anuppur, M.P.

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3. The Area Personnel Manager, South Eastern Coalfields Ltd. Kotma Govinda Sub Area, Distt. Anuppur, M.P.

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4. The Deputy Personnel Manager, South Eastern Coalfields Ltd. Kotma Govinda Sub Area, Distt. Anuppur, M.P.

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5. The Chief Of Medical Services South Eastern Coalfields Ltd. Seepat Road, Bilaspur, C.G.

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… Respondent(s)

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For Petitioner	: Shri VK Pandey, Advocate.
For Respondents	: Shri Vivek Chopda, Advocate.

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Hon'ble Shri Justice P. Sam Koshy

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Order on Board

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08.08.2018

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1. The substantive relief in the present writ petition was for a direction to the respondents declaring the petitioner unfit on medical grounds.

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2. Pending the petition, the petitioner has crossed the age of superannuation and accordingly superannuated in the year, 2010 itself. At this juncture the counsel for the petitioner submits that there are certain retiral dues which are yet to be settled by the respondents.

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3. Without entering into the merits of the case, this court is inclined to firstly hold that the substantial grievance of the petitioner has

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rendered infructuous. However, so far as the relief of non granting of retiral dues payable to the petitioner is concerned, it is directed that the respondent No.2 shall process the case of the petitioner at the earliest and if it is found that the retiral dues have not paid to the petitioner till date, the same shall be released forthwith to the petitioner with interest @ 9 percent per annum from the date of retirement till actual payments are made. Let this exercise be done within a period of three months from today.

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4. The writ petition accordingly stands disposed of.

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Sd/-

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(P. Sam Koshy Judge

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inder

Dilchand Sahu and Ors. v. South Eastern Coalfields Ltd. and Ors.

Case brief

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Dilchand Sahu and Ors. v. South Eastern Coalfields Ltd. and Ors.

Case brief

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