MANIK LAL BANDHEY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since both these petitions relate to the same petitioner and involve the issue of non-payment of his retiral dues including the gratuity amount, they are being disposed of by this common order.

(2.) WPS No.3925/2016 has been filed by the petitioner seeking direction to the respondent authorities to grant him the gratuity amount of Rs.6,20,671.00. WPS No.952/2017 has been filed for setting aside the orders dtd. 4/10/2016 and 29/11/2016 (Annexure P/1) whereby a total sum of Rs.6,21,281.00 has been ordered to be recovered from the gratuity amount of the petitioner.

(3.) Brief facts of the case, as mentioned in the writ petitions, are that the petitioner retired on 31/12/2012 from the post of Superintendent of Industrial Training Institute, Bhatgaon, Distt. Dhamtari. On 11/4/2014 the petitioner made a representation to the respondent No.5/Office Superintendent, ITI, Dhamtari for grant of gratuity vide Annexure P/4. Though on 28/8/2015 the Joint Director (Training), Industrial Training Institute, Raipur Region, issued a Memo (Annexure P/3) to respondent No.6 Mr MR Dhruw, Training Superintendent of ITI, Bhatgaon for issuance of No Dues Certificate to the petitioner within seven days so that all his retiral dues could be paid to him but no such certificate was issued to him. Since the amount of gratuity was not paid to the petitioner, on 11/1/2016 he made a representation to the Deputy Director of CG Human Rights Commission for payment of gratuity of Rs.6,20,671.00 as well as for issuance of No Dues Certificate vide Annexure P/2. Again on 8/3/2016 the petitioner made a representation (Annexure P/1) to the Joint Director of CG Human Rights Commission for payment of gratuity of Rs.6,20,671.00 as well as for issuance of No Dues Certificate. However, till date the gratuity amount of the petitioner has not been released. Hence WPS No.3925/2016 has been filed for the following relief: