Disposed¶28

Faguram Satnami v. State of Chhattisgarh

Chhattisgarh HC11 Sept 2024WPS/5674/2024

Case brief

AI extract

What is this about?

Leave encashment; Work Charged employees; Contingency Paid employees; retirement dues; representation to be decided within three months; disposed of in light of earlier writ Faguvaram Patel (W.P.(S) 3870/2021); Chhattisgarh High Court Bilaspur; WPS 5674 of 2024; Sachin Singh Rajput; 12.09.2024.

What did the court decide?

Petition disposed of without adjudicating merits; petitioners given liberty to submit a detailed representation to the concerned respondent/competent authority within 15 days of receipt of the order; if found similarly situated, respondents to decide the claim per relevant rules and law preferably within three months of submission; all pending applications also disposed of. ¶28

Faguram Satnami Vs State of Chhattisgarh — Chhattisgarh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners, who stood retired as Work Charged/Contingency Paid Employees, are entitled to leave encashment, which benefit the respondents have not extended to them.

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Ratio / Principle

Without commenting on the merits, the Court disposed of the petition in light of Faguvaram Patel (Supra), giving liberty to the petitioners to make a detailed representation before the concerned respondent/competent authority within 15 days from receipt of a copy of the order.

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Key takeaways

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 three months from the date of submission of the representation.ratio¶28

Detailed headnote1 paragraphs

Writ Petition (S) No. 5674 of 2024 (High Court of Chhattisgarh, Bilaspur; single Bench of Hon'ble Shri Justice Sachin Singh Rajput; order dated 12.09.2024): Four petitioners, retired Work Charged/Contingency Paid Employees, contended they were entitled to leave encashment which the State respondents had not extended, invoking the identical issue earlier heard by this Court in W.P.(S) No. 3870 of 2021 (Faguvaram Patel & Ors. v. State of Chhattisgarh & Ors.). Counsel for petitioners did not press the petition on merits and sought only a direction to consider a representation, to which the State had no objection. Without commenting on the merits, the Court disposed of the petition in light of Faguvaram Patel (Supra), granting liberty to file a detailed representation within 15 days, and directing that, if the petitioners are found similarly situated, their claim be decided in accordance with the relevant rules and law preferably within three months of submission. All pending applications were likewise disposed of.

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2024:CGHC:35736

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 5674 of 2024

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1 - Faguram Satnami S/o Balduram Satnami Aged About 64 Years R/o House No. 426, Sai Para, Reda, Earlier District Raigarh, Present District Sarangarh-Bilaigarh, Chhattisgarh.

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2 - Baisakhu S/o Tadiya Mahant Aged About 64 Years R/o House No. 117, Jute Mill, Hira Nagar, Ward No. 32, Raigarh, District Raigarh, Chhattisgarh.

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3 - Sagyavati Das W/o Late Shri Bot Das Aged About 63 Years R/o 166, Penka Para, Gram Kutela, Tehsil Saraypali, P.O. Saraipali, District Mahasamund, Chhattisgarh.

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4 - Neera Bai Yadav W/o Late Shri Hemsagar Yadav Aged About 58 Years R/o Mukhya Basti, Tupakdhar, Bunga, Raigarh, Pusour, District Raigarh, Chhattisgarh, 496440

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... Petitioners

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versus

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1 - State Of Chhattisgarh Through Chief Secretary, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh.

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2 - Engineer-In-Chief Water Resources Department, Sihawa Bhawan, Nava Raipur, District Raipur, Chhattisgarh.

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3 - Superintending Engineer Public Works Department, Division Bilaspur, Near Collector Office, Bilaspur, District Bilaspur, Chhattisgarh.

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4 - Executive Engineer Public Works Department, Division Bilaspur,district Bilaspur, Chhattisgarh.

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2 / 3

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5 - Sub Divisional Officer Public Works Department, Sub Division Bilaspur, District Bilaspur, Chhattisgarh.

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6 - Joint Director Pension, Accounts And Treasury Department, Bilaspur Division, District Bilaspur, Chhattisgarh.

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... Respondents

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For Petitioners : Mr. Manas Bajpai, Advocate For Respondent : Mr. Suyashdhar Badgaiya, Dy. G.A.

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Hon'ble Shri Justice Sachin Singh Rajput Order On Board

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12.09.2024

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1. Heard.

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1. Learned counsel for petitioners submits that petitioners No.1 & 2 and husband of petitioners No.2 & 3 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 in record.

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3 / 3

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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. 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

Faguram Satnami v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Faguram Satnami v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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What the court decided

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