DASRATHI SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this petition, the petitioner seeks quashing of the impugned letter dated 08.12.2009 (Annexure P/l) and further, a direction to the respondent authorities to release the complete gratuity amount with interest and to fix the final pensionary amount of the petitioner.

(2.) The facts, in nutshell, as projected by the petitioner is that the petitioner was initially appointed with the respondent No. 2 on 02.12.1967 on the post of Clerk. Thereafter, he was promoted as Secretary and thereafter to the post of Assistant Director. Subsequently, he retired from service on 31.12.2005, After retirement, the petitioner has not been paid his gratuity amount of 2,19,830/- and his pension has also not been fixed. The petitioner is only getting interim pension.

(3.) Shri Pradhan, learned counsel appearing for the petitioner submits that the petitioner has been issued no-dues-certificate but without any rhyme or reason, his gratuity amount has been withheld only on the ground that complaint is pending against him. Whereas, in fact, the complaint has not yet been registered or any cognizance has been taken which is evident from the order sheets (Annexure P/16). Shri Pradhan next contends that even otherwise, the petitioner has retired way back 31.12.2005 and the alleged complaint was filed on 23.05.2008.