Jyoti Deshpandey vs State Of Chhattisgarh
2021 Latest Caselaw 2495 Chatt

                                       -1-


                                                                             NAFR
             HIGH COURT OF CHHATTISGARH AT BILASPUR

                             WPS No. 5085 of 2021

     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

                                                                   ---- Petitioner

                                     Versus

  1. 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

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

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

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

                                                                 ---- Respondents

For Petitioner : Mr. Anish Tiwari, Advocate.

     For State                   :      Mr. Suyash Dhar, PL

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

22/09/2021

1. 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.

2. 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.

3. 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.

4. 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.

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

of.

Sd/-

(P. Sam Koshy) Judge Rohit