Disposed

Kajal Kumar Adhikari v. State of Chhattisgarh

Chhattisgarh HC4 Sept 2024WPS/5425/2024

Case brief

AI extract

What is this about?

Petitioner, a retired time keeper, claimed entitlement to leave encashment. Court disposed petition by permitting petitioner to file representation within 15 days for respondents to decide within three months, following precedent.

What did the court decide?

Petitioner permitted to submit representation within 15 days; respondents directed to decide within three months if petitioner is similarly situated.

Kajal Kumar Adhikari Vs State of… — Pension and Retirement Benefits | Chhattisgarh HC (2024)

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2024:CGHC:34550

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 5425 of 2024

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1 - Kajal Kumar Adhikari S/o Late Shri S.N. Adhikari, Aged About 64 Years Retired Time Keeper, Office Of The Executive Engineer, Department Of Public Works, Sub-Division No.2, Ambikapur, District-Surguja (C.G.)

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... Petitioners

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versus

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1 - State Of Chhattisgarh Through Its Secretary, Department Of Public Works, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, Raipur (C.G.)

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2 - Engineer-In-Chief, Department Of Public Works, North Block, Sector-19, Nirman Bhawan, Nawa Raipur, Atal Nagar, Raipur (C.G.)

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3 - Chief Engineer, Department Of Public Works, Surguja Area, Ambkapur, District- Surguja (C.G.)

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4 - Superintendent Engineer, Department Of Public Works, Ambikapur Division, Ambikapur, District-Surguja (C.G.)

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5 - Executive Engineer, Department Of Public Works, Sub-Division No.2, Ambikapur, District-Surguja (C.G.)

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... Respondents

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For Petitioner : Shri Pawan Shrivastava, Advocate

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For Respondent : Shri Abhishek Gupta, Panel Lawyer

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Hon'ble Shri Justice Sachin Singh Rajput

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Order On Board

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05/09/2024

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Learned counsel for petitioners submits that the petitioner who stood retired as Work Charged and Contingency Paid Employees, is entitled for leave encashment but till date respondents have not extended the benefit of leave encashment to the petitioners. Identical issue came up for hearing before this Court 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 have raised identical issue which was allowed in their favour. He submits that at this stage, the petitioner may be permitted to submit representation in the light of Faguvaram Patel (supra) and respondents be directed to decide the representation to be submitted by petitioners expeditiously within specified time.

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

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

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Taking into consideration the limited prayer made by learned counsel for petitioner, this petition is disposed off in the light of Faguvaram Patel (Supra) and the petitioner is at liberty to make representation within a period of 15 days from the date of receipt of copy of this order. In the event, the petitioner is found to be similarly situated person, his claim shall be decided by the respondents in accordance with law expeditiously preferably within a period of three months from the date of receipt of representation.

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Accordingly, the petition is disposed off with aforesaid observations and directions. All pending applications are disposed off. Sd/-Sd/-

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Sd/- Sd/- Sd/-

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(Sachin Singh Rajput ) Judge

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Deepti

Kajal Kumar Adhikari v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Kajal Kumar Adhikari v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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