Disposed

Jyoti Deshpandey v. State of Chhattisgarh

Chhattisgarh HC22 Sept 2021WPS/5085/2021

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh disposed of the writ petition claiming non-payment of gratuity upon retirement. The Court directed the concerned Controlling Authority to ventilate the grievance and decide the application at the earliest in accordance with the Payment of Gratuity Act, 1972, without adjudicating the claim substantively.

What did the court decide?

Writ petition disposed of; direction to the Controlling Authority to ventilate grievance and decide on the grant of gratuity at the earliest.

Jyoti Deshpandey Vs State of Chhattisgarh — Pension and Retirement Benefits | Chhattisgarh HC (2021)

¶1

-1-

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶4

WPS No. 5085 of 2021

¶5

Jyoti Deshpandey W/o Shri Anil Deshpandey Aged About 70 Years R/o Avanti Vihar, Sector 01, Junior Mig No. 5, Housing Board Near Capital Palace , Raipur , Tehsil And District Raipur Chhattisgarh

¶6

---- Petitioner

¶7

Versus

¶8

State Of Chhattisgarh Through The Secretary Department Of School Education, Mahanadi Bhawan, Mantralaya , Police Station And P.O. Rakhi, Atal Nagar, Raipur District Raipur Chhattisgarh

¶9

Divisional Joint Director Office Of Divisional Joint Director Kosh Lekha And Pension, Raipur , District Raipur Chhattisgarh.

¶10

District Education Officer Office Of District Education Officer, Raipur, District Raipur Chhattisgarh.

¶11

The Principal R.K. Sindhi Vidya Mandir, Ramsagar Para, Raipur , District Raipur Chhattisgarh.

¶12

---- Respondents

¶13

For Petitioner : Mr. Anish Tiwari, Advocate. For State : Mr. Suyash Dhar, PL

¶14

Hon'ble Shri Justice P. Sam Koshy Order on Board

¶15

22/09/2021

¶16

The claim of the petitioner in the present writ petition is the non payment of gratuity to the petitioner who stood retired from the service of the respondent no.4, a fully Government aided private educational institution.

¶17

Counsel for the petitioner relied upon a bunch of writ petitions decided by this Court vide order dated 06.03.2020, the leading case being WPL 223/2017.

¶18

-2-

¶19

Perusal of the pleadings would show that petitioner is making her claim in accordance with the provisions of the Payment of Gratuity Act, 1972. The judgment relied upon by the petitioner Annexure P-3 is also one which arose for proceeding under the said Act of 1972.

¶20

Under the circumstances, the present writ petition stands disposed of directing the concerned Controlling Authority under the payment of Gratuity Act ventilating her grievance for grant of gratuity upon her retirement. Upon such an application being made the Controlling Authority is expected to take a decision at the earliest in accordance with law.

¶21

With the aforesaid observations, the present writ petition stands disposed of.

¶22

Sd/- (P. Sam Koshy) Judge

¶23

Rohit

Jyoti Deshpandey v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Jyoti Deshpandey v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ram Krishna Sharda Sewa Ashram Vs Smt. Nandani Mourya and Anr.

Smt. Anita Solanki @ Annu and Ors. Vs Bhilai Mahila Samaj

Smt. Girja Vs Coal India Limited

Smt. Menkajaiswal Vs State of Chhattisgarh

Chandrakant Shriwas Vs State of Chhattigarh

Suresh Kumar Dhruw Vs Shri D. D. Singh (I. a. S.)