Disposed

Omkar Singh Thakur v. State of Chhattisgarh

Chhattisgarh HC27 Aug 2024WPS/4946/2024

Case brief

AI extract

What is this about?

Work charged employee sought leave encashment benefits. The court disposed of the petition by permitting the petitioner to submit a representation with documents within 30 days, to be decided per Faguvaram Patel within three months, without expressing any opinion on merits.

What did the court decide?

Liberty to submit representation with documents in 30 days; authorities to decide it in law and act if identical to Faguvaram Patel, preferably within three months.

Omkar Singh Thakur Vs State of… — Pension and Retirement Benefits | Chhattisgarh HC (2024)

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2024:CGHC:32767

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 4946 of 2024

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1 - Omkar Singh Thakur S/o Shri Pillu Singh Thakur Aged About 70 Years R/o Ward No. 56, Vijayapuram, Seepat Road, Sarkanda, Bilaspur, Chhattisgarh.

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... Petitioner

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versus

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1 - State Of Chhattisgarh Through The Secretary, Department Of Public Works Department, Mantralaya, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh.

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2 - Superintending Engineer P.W.D., National Highway, Bilaspur, Chhattisgarh.

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3 - Executive Engineer P.W.D., National Highway, Division- Bilaspur, District Bilaspur, Chhattisgarh.

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4 - Joint Director Treasury, Account And Pension, District Bilaspur, Chhattisgarh.

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... Respondents

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For Petitioner : Mr. Mayank Gupta on behalf of Mr. Atul Kumar Kesharwani, Advocate For Respondents : Mr. Suyashdhar Badgaiya, Dy. G. A.

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Hon'ble Shri Justice Sachin Singh Rajput

Order On Board

28.08.2024

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Learned counsel for petitioner submits that the petitioner who was working as Work Charged and Contingency Paid Employee in Public Work Department. He further submits that the petitioner is entitled for leave encashment but till date respondents have not extended the benefit of leave encashment to petitioner. Identical issue came up for considering before this Court in in case of Faguvaram Patel & Ors. Vs. State of C.G., in W.P.(S) No. 3870 of 2021 decided on 30.09.2022 , wherein petitioners therein have raised identical issue which was allowed in their favour. He submits that at this stage, petitioner may be permitted to submit representation in light of the decision in case of Faguvaram Patel (supra) and respondents be directed to decide the representation to be submitted by petitioner expeditiously within specified time.

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Learned State counsel opposes the submission and submits that no documents have been filed by the petitioner to indicate the employment of the petitioner as work charge/contingency paid employee. Therefore, at this stage it cannot be said that his case is covered by the judgment of Faguvaram Patel (Supra).

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I have heard learned counsel for parties and perused the documents available in record.

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Be that as it may, this Court is disposing of this petition with a liberty to the petitioner to make a representation to concerned respondents/competent authority along with relevant and necessary documents to substantiate his case and proof within a period of 30 days from receipt of copy of this order. In the event, if such representation is filed, the concerned respondent authorities shall decide the same in accordance with law, and after due satisfaction, it is found that the case of the petitioner is identical to similarly situated person as in case of Faguvaram Patel (Supra), the concerned respondent authorities

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shall pass appropriate orders in this regard expeditiously preferably within a further period of three months from the submission of representation.

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Accordingly, the petition is disposed of with aforesaid observations and directions.

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It is made clear that this Court has not expressed any opinion on the merits of this case.

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Sd/-

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(Sachin Singh Rajput) Judge

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H.Ansari

Omkar Singh Thakur v. State of Chhattisgarh

Case brief

What is this about?

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Omkar Singh Thakur v. State of Chhattisgarh

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