Krishna Kumar Dixena vs State Of Chhattisgarh
2021 Latest Caselaw 189 Chatt

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                                                                            NAFR
             HIGH COURT OF CHHATTISGARH, BILASPUR

                        Writ Petition (S) No. 1972 of 2021

   1. Krishna Kumar Dixena S/o Late Viswantha Dixena Aged About 70
      Years R/o Village Mungadiha, Post Bacsahi, Thana Pali, District Korba
      Chhattisgarh.                                        ---- Petitioner

                                     Versus

   1. State Of Chhattisgarh Through Secretary, Water Resources
      Department , Mantralaya , Mahanadi Bhawan, Nawa Raipur , Atal
      Nagar , District Raipur Chhattisgarh.

   2. Cheif Engineer Water Resources Department , Bilaspur , District
      Bilaspur Chhattisgarh.

   3. Executive Engineer Water Resources Department , Korba Division
      Korba , District Korba Chhattisgarh

   4. Sub Divisional Officer Water Resources Department , Sub Division
      Pali , District Korba Chhattisgarh.

   5. Joint Director Treasury , Accounts And Pension, Bilaspur , District
      Bilaspur Chhattisgarh.                          ----Respondents

For Petitioner : Shri C. Jayant K. Rao, Advocate.

For State          :       Shri Rahul Jha, G.A.


                       Hon'ble Shri Justice P. Sam Koshy
                                Order On Board
08.06.2021

1. The claim of the petitioner in the present writ petition is for a direction to

the respondents to consider the claim of the petitioner for grant of

gratuity.

2. The petitioner in the present writ petition was working as daily wage

employee under the respondents since 1978 and later on was

regularized and finally stood retired from service on 30.06.2013. The

petitioner now after a period of more than 7 years has filed the writ

petition demanding payment of gratuity. Counsel for the petitioner

refers to the judgment of the Supreme Court in the case of Netram

Sahu Vs. State of Chhattisgarh and another reported in (2018) 5

SCC 2 430 which originated from this Court vide Civil Appeal No.1254

of 2018 decided on 23rd of March, 2018.

3. Perusal of the record would show that the said order also was one

which travelled to the High Court and the Supreme Court from the

order of the Controlling Authority under the Payment of Gratuity Act,

1972.

4. Given the fact, reserving the right of the petitioner to approach the

Controlling Authority under the Payment of Gratuity Act, the present writ

petition stands disposed of. If the petitioner approaches the Controlling

Authority, it is expected that the Controlling Authority while deciding the

claim of the petitioner shall also take note of the judgment of the

Supreme Court in the case of Netram Sahu Vs. State of Chhattisgarh

and another (2018) 5 SCC 430.

Sd/-

1. P. Sam Koshy Judge Jyotijha