Disposed

Jogan Das Manikpuri v. State of Chhattisgarh

Chhattisgarh HC1 Sept 2024WPS/5284/2024

Case brief

AI extract

What is this about?

The Chhattisgarh High Court disposed of a PIL seeking leave encashment for retired Work Charged employees. Relied on a precedent (Faguvaram Patel), the court directed the respondent to permit petitioners to submit detailed representations and decide the claims within three months.

What did the court decide?

Liberty to file detailed representation within 15 days; respondents to decide similar claims within three months based on rules and law.

Jogan Das Manikpuri Vs State of… — Pension and Retirement Benefits | Chhattisgarh HC (2024)

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2024:CGHC:33413

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 5284 of 2024

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1 - Jogan Das Manikpuri S/o Mayadas Manikpuri Aged About 66 Years Retired Labour, R/o Village Kargikala, Tahsil Kota, District Bilaspur Chhattisgarh 2 - Smt. Archna Verma S/o Late Mahesh Chandra Aged About 61 Years R/o Subhas Nagar Gondpara Bilaspur, Tahsil And District Bilaspur Chhattisgarh

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3 - Satanand Yadav S/o Hiralal Yadav Aged About 72 Years Retired Time Kepper R/o Karra Post Gadwat District Bilaspur Chhattisgarh

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... Petitioners

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versus

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1 - State Of Chhattisgarh Through The Secretary, Water Resources Department, Mahanadi Bhawan, Mantralay Nava Raipur District Raipur Chhattisgarh

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2 - Engineer In Chief Water Resources Department, Shivnath Bhawan, North Block Sector 19 Nava Raipur District Raipur Chhattisgarh

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3 - Chief Engineer Hasdev Kacchar, Water Resources Department Bilaspur District Bilaspur Chhattisgarh

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4 - Executive Engineer Kharang Water Resources Division Bilaspur, District Bilaspur Chhattisgarh

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5 - Excutive Engineer Water Resources Division Kota, District Bilaspur Chhattisgarh

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... Respondents

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For Petitioners : Mr. Hemant Kumar Kesharwani, Advocate For Respondent : Ms. Nupur Trivedi, Panel Lawyer

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Hon'ble Shri Justice Sachin Singh Rajput Order On Board

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02.09.2024

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1. This petition has been filed by the petitioner seeking for the following relief(s):10.1. That, this Hon’ble Court may kindly ben pleased to issue direction for the respondent authorities to grant the benefit of leave encashment.

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10.2. Any other relief as this Hon’ble Court may be pleased to grant.

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1. Learned counsel for petitioners submits that petitioners stood retired as Work Charged/Contingency Paid Employees. He would further submits that the petitioners are entitled for leave encashment but till date respondents have not extended the benefit of leave encashment to petitioners. He stated that an identical issue has already been come up for hearing before this Court bearing Writ Petition (S) No.3870 of 2021 ( Faguvaram Patel & Ors. Vs. State of Chhattisgarh & Ors. ). In the light of Faguvaram (supra) the petitioners have raised identical issue which may be allowed in their favour. He submits that, at this stage, petitioners may be permitted to submit representation before the respondents/competent authority and respondents/competent authority may be directed to consider and decide the representation of petitioners expeditiously within specific period as fixed by this Court.

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1. Learned State counsel submits that as the petitioners are not pressing this petition on merits and are only seeking a direction to decide the representations to be submitted by petitioners, at this stage, he is having no objection.

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

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1. Taking into consideration the limited prayer made by learned counsel for petitioners, without commenting anything on the merits, this petition is disposed of in light of Faguvaram Patel (Supra) giving liberty to the petitioners to make detailed representation before the concerned respondent/competent authority within the period of ‘15 days’ from the date of receipt of copy of this order. In the event, the petitioners are found to be similarly situated persons, their claim shall be decided by the respondents in accordance with the relevant rules and law expeditiously preferably within the period of ‘ three months ’ from the date of submission of the said representation.

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

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1. All the pending applications are also disposed of.

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C.C. as per rules

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Sd/- (Sachin Singh Rajput) Judge

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Abhigya.S

Jogan Das Manikpuri v. State of Chhattisgarh

Case brief

What is this about?

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Jogan Das Manikpuri v. State of Chhattisgarh

Case brief

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