1. “In case of an employee retiring after having rendered the services, it is expected that all the payments of retiral benefits should be paid on the date of retirement or soon thereafter if for some unforeseen circumstances the payment could not be made on the date of retirement”

2. The afore-stated mandate of the Supreme Court rendered in the matter of Vijay L. Mehrotra Vs. State of U.P. & others (2001) 9 SCC 687 has been observed by the authorities of the State Government in the present case in its breach. In the instant case most of the payment of retrial benefits were paid to petitioner long after the petitioner's wife, who was government servant died on 7.2.1999 and even the amount of General Provident Fund has not been paid yet.

3. The Essential facts to demonstrate the above-stated callousness on the part of the State Authorities in making payment of retiral dues to the petitioner are as under:-

(i) Smt. Silbina Lakra (petitioner's wife) was appointed as Auxiliary Nurse Midwifery in the Community Health Centre on 21.11.1968. She suffered paralytic attack and ultimately died on 7.2.1999 and on account of paralysis she could not attend her duties from 31.07.1991 to 07.02.1999.

(ii) After death of Smt Silbina Lakra, the petitioner made an application for grant of admissible retiral benefits and also made an application for grant of earned leave to her from 31.07.1991 to 07.02.1999 (period of absence).

(iii) The said application was sent to respondent No. 6-Joint Director, Treasury, Accounts & Pension, Bilaspur for necessary action, which was returned by respondent No. 6 on 11.10.1999 and, thereafter, again matter was sent by respondent No. 3 – the Chief Medical & Health Officer, Ambikapur to respondent No. 6 stating that period of absence be treated as dies non. Again the respondent No. 6 by its letter dated 9.4.2001 raised an objection that the authority for declaring the period of absence as dies non vests in the Director, Health Services, therefore, period from 31.7.1991 to 7.2.1999 be declared dies non by appropriate competent authority.

(iv) The aforesaid request of Chief Medical & Health Officer was made to the Director, Health Services, Raipur on 9.5.2001. Again the same request were reiterated on 24.09.2004, 17.07.2006 & 17.08.2006 but the Director, Health Services did not take cognizance on the said requests and matter remained pending with the Director, Health Services, respondent No. 2 herein with no decision on the matter.

4. Feeling unhappy with the non-grant of pension & other retiral benefits, the petitioner herein filed a writ petition being Writ Petition (S) No. 2170/2011 before this Court for directing the State Government to disburse the retiral benefits to the petitioner and for direction to the Director (Health Services) to decide his matter regarding non-payment of retiral dues and to fix provisional pension. That writ petition was disposed of by this Court on 26th April, 2011 on the undertaking of the State Government that the decision would be taken resolving the dispute regarding petitioner's retiral benefits within a period of eight weeks in accordance with law.

5. Pursuant to the order of this Court dated 26.04.2011, the respondent No. 2 – Director, Health Services, Raipur by its order dated 27.07.2011, declared the period of absence of petitioner's wife as dies non. Thereafter, the Joint Director, Treasury, Accounts & Pension, Ambikapur, by its order dated 28.10.2011 passed an order granting monthly pension & death-cum-retirement gratuity to the petitioner and, thereafter some payments were also made. The details of the payments made towards retiral dues to the petitioner till this date are as under:-

Sr. No.	Particulars	Amount paid	Date
1.	Monthly Pension	Rs.1,973 + D.A.	28.10.2011
2.	Death-cum-retirement gratuity	Rs.24,768/-	28.10.2011
3.	Leave encashment	Rs