Disposed

Rafique Miyan v. State of Chhattisgarh

Chhattisgarh HC16 Sept 2024WPS/5702/2024

Case brief

AI extract

What is this about?

A retired work charged/contingency paid employee sought leave encashment benefits, relying on an earlier writ decision in Faguvaram Patel. Without deciding the merits, the court disposed of the petition with liberty to file a representation and directed respondents to decide it within three months if similarly situated.

What did the court decide?

Liberty to submit representation within 15 days; respondents to decide the leave encashment claim within three months.

Rafique Miyan Vs State of Chhattisgarh — Pension and Retirement Benefits | Chhattisgarh HC (2024)

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2024:CGHC:36124

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 5702 of 2024

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1 - Rafique Miyan S/o Late Shri Chhannu Miyan, Aged About 72 Years R/o Azad Chowk Mangla, Bilaspur, District- Bilaspur (C.G.)

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versus

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1 - State Of Chhattisgarh Through Secretary, Depatment Of General Administration Mahanadi Bhawan, Mantralaya, Atal Nagar, Nava Raipur (C.G.)

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2 - State Of Chhattisgarh, Through- Secretary, Department Of Public Health And Engineering Department, Mahanadi Bhawan, Mantralaya, Atal Nagar Nava Raipur (C.G.)

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3 - State Of Chhattisgarh, Through Secretary, Department Of Finance, Mahanadi Bhawan, Mantralaya, Atal Nagar Nava Raipur, (C.G.)

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4 - Engineer In Chief, Public Health And Engineering Department, Block No.4, 3rd Floor, Indrawati Bhawan, Raipur (C.G.)

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5 - Chief Engineer, Public Health And Engineering Department, Zone Bilaspur, DistrictBilaspur (C.G.)

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6 - Superintending Engineer, Public Health Engineering Division, Office Near Nag-Nagin Pond, In Front Of Pratham Hospital, Bahtarai, Bilaspur (C.G.)

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7 - Executive Engineer, Public Health Engineering Department Division Bilaspur, Old Composite Building, Bilaspur (C.G.)

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8 - Divisional Joint Director, Treasury Accounts And Pension Bilaspur, Bilaspur, District Bilaspur (C.G.)

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(C.G.)

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9 - Assistant Engineer Public Health Department, Sub Division No.1, Civil Lines, Bilaspur (C.G.)

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... Respondents

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For Petitioners : Mr. Rajbahadur Singh, Advocate For Respondent : Mr. Suyashdhar Badgaiya, Dy. G.A. Hon'ble Shri Justice Sachin Singh Rajput Order On Board

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17.09.2024

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1. Heard.

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1. Learned counsel for petitioner submits that petitioner stood retired as Work Charged/Contingency Paid Employees. He would further submits that the petitioner is entitled for leave encashment but till date respondents have not extended the benefit of leave encashment to petitioner. 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 petitioner has raised identical issue which may be allowed in his favour. He submits that, at this stage, petitioner 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 petitioner expeditiously within specific period as fixed by this Court.

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1. Learned State counsel submits that as the petitioner is not pressing this petition on merits and is only seeking a direction to decide the representations to be submitted by petitioner, 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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1. Taking into consideration the limited prayer made by learned counsel for petitioner, without commenting anything on the merits, this petition is disposed of in light of

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Faguvaram Patel (Supra) giving liberty to the petitioner 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 petitioner is found to be similarly situated persons, his 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

Rafique Miyan v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Rafique Miyan v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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