Dileram Patel Vs State of Chhattisgarh — Chhattisgarh HC (2024) — LawSathi Research

Dileram Patel Vs State of Chhattisgarh — Chhattisgarh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of without deciding merits, in light of Faguvaram Patel (supra): liberty to petitioners to file a detailed representation within 15 days of receipt of the order; if found similarly situated, respondents to decide the claim per relevant rules and law, expeditiously, preferably within three months of submission of the representation; all pending applications disposed of.

Issue for consideration

Whether the petitioners, who retired as Work Charged/Contingency Paid Employees, are entitled to leave encashment, which the respondents have not extended to date. +1 more

Ratio / Principle

Without commenting on the merits, and taking into consideration the limited prayer of counsel (petition not pressed on merits, State raising no objection), the Court disposed of the petition in light of Faguvaram Patel (supra), granting the petitioners liberty to make a detailed representation before the concerned respondent/competent authority within 15 days of receipt of a copy of the order.

Key takeaways

If 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 and preferably within three months from the date of submission of the representation.ratio¶29
All pending applications in the petition were also disposed of.ratio¶30

Detailed headnote1 paragraphs

WPS No. 5597 of 2024, High Court of Chhattisgarh at Bilaspur (Sachin Singh Rajput J., 10.09.2024): Seven retired Work Charged/Contingency Paid Employees of the PWD (from Janjgir-Champa and Sakti districts) sought the benefit of leave encashment alleged to have been withheld by the State respondents. Counsel submitted that the issue was identical to Faguvaram Patel & Ors. v. State of Chhattisgarh, Writ Petition (S) No. 3870 of 2021, and confined the prayer to a direction to decide representations. The petition not being pressed on merits and the State counsel raising no objection, the Court, expressly without commenting on the merits, disposed of the petition in light of Faguvaram Patel (supra): the petitioners were given 15 days to submit a detailed representation to the competent authority, and, if found similarly situated persons, the respondents were directed to decide the claim in accordance with the relevant rules and law, expeditiously and preferably within three months of such submission. All pending applications were also disposed of. (¶¶24-30)

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2024:CGHC:35305

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPS No. 5597 of 2024

1 - Dileram Patel S/o Dasharam Aged About 65 Years R/o Ward No. 11 Schoolpara, Village Hardivishal, Tahsil Baloda, District Janjgir-Champa (C.G.)

2 - Sonaram Dhivar S/o Shuddhuram Aged About 70 Years R/o Ward No. 6, Khalhepara, Village Afrid, Tahsil Saragaon, District Janjgir-Champa (C.G.)

3 - Rehsamlal Yadav S/o Hirasai Aged About 67 Years R/o Ward No. 2, Dhobipara, Near Bambaleshwari Temple, Champa, District Janjgir-Champa (C.G.)

4 - Smt. Chaitin Bai D/o Shiram Yadav Aged About 66 Years R/o Mission Hospital Road, Champa, Tahsil Champa, District Janjgir-Champa (C.G.)

5 - Smt. Firtin Bai W/o Rajkumar Aged About 72 Years R/o Ward No. 4, Near Santoshi Mandir, Village Jaijaipur, Tahsil Jaijaipur, District Sakti (C.G.)

6 - Smt. Kalyan Bai Yadav W/o Gokul Yadav Aged About 64 Years R/o Village Jaijaipur, Tahsil Jaijaipur, District Sakti (C.G.)

7 - Dhansai Sahu S/o Budga Aged About 65 Years R/o Ganjipara, Village Jaijaipur, Tahsil Jaijaipur, District Sakti (C.G.)

... Petitioners

versus

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

2 - Superintending Engineer Public Works Department, Bilaspur Circle Bilaspur (C.G.)

3 - Executive Engineer P.W.D. Champa Division, District Janjgir Champa (C.G.)

4 - Joint Director Treasury Account And Pension, District Janjgir-Champa (C.G.)

... Respondents

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

Hon'ble Shri Justice Sachin Singh Rajput Order On Board

10.09.2024

1. Heard.

1. Learned counsel for petitioners submits that the 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.

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

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.

1. Accordingly, this petition is disposed of with aforesaid observations and directions. All the pending applications are also disposed of.

C.C. as per rules

Sd/- (Sachin Singh Rajput) Judge

Abhigya.S