Disposed¶22

Tikam Ram Sahu v. State of Chhattisgarh

Chhattisgarh HC17 Sept 2024WPS/5791/2024

Case brief

AI extract

What is this about?

Leave encashment; Work Charged and Contingency Paid Employees; post-retirement dues; disposal without adjudicating merits; direction to decide representation; Faguvaram Patel & Ors. v. State of C.G., W.P.(S) No. 3870 of 2021 (30.09.2022); Public Health Engineering Department, Chhattisgarh; Rajnandgaon/Durg/Raipur; 15 days to file representation; three-month decision timeline; WPS No. 5791 of 2024; Justice Sachin Singh Rajput; 18/09/2024; NAFR.

What did the court decide?

Liberty to petitioner to submit representation within 15 days of receipt of copy of order; respondents to decide claim in accordance with law, preferably within three months of receipt of representation, if petitioner is found similarly situated. ¶22

Tikam Ram Sahu Vs State of Chhattisgarh — Chhattisgarh HC (2024) — LawSathi Research

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 5791 of 2024

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1 - Tikam Ram Sahu S/o Khedu Ram Sahu Aged About 64 Years R/o Ward Number 19, Lal Bahadur Nagar Post Office Lal Bahadur Nagar Tehsil Dongargarh District Rajnandgaon, Chhattisgarh- 491557 ... Petitioner

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versus

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1 - State Of Chhattisgarh Through The Secretary, Public Health Engineering Department, Government Of Chhattisgarh, Mahanadi Bhawan, Mantralaya, Mahanadi Bhavan, Naya Raipur, District Raipur, Chhattisgarh. 492002

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2 - The Engineer In Chief Public Health Engineering Department, Indrawati Bhavan, Nawa Raipur, Atal Nagar, District Raipur, Chhattisgarh.

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3 - The Chief Engineer Public Health Engineering Department, Raipur Zone, Chhattisgarh.

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4 - The Superintending Engineer Public Health Engineering Department, Circle- Durg Circle, Chhattisgarh.

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5 - The Executive Engineer Public Health Engineering Department, Division Rajnandgaon, Chhattisgarh. ... Respondents

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For Petitioners : Mr. Ashwin Panickar, Advocate For Respondent/State : Ms. Akansha Verma, PL

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Hon’ble Shri Justice Sachin Singh Rajput

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Order on Board

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18/09/2024

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Learned counsel for the petitioner submits that the petitioner who stood retired as Work Charged and Contingency Paid Employees, petitioner/s is entitled for leave encashment but till date respondents have not extended the

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benefit of leave encashment to petitioner/s. 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, petitioner may be permitted to submit representation in light of Faguvaram Patel (supra) and respondents be directed to decide the representation to be submitted by petitioner 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/s, at this stage, he is having no objection.

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

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Taking into consideration, the limited prayer made by learned counsel for the petitioner/s, this petition is disposed of in light of Faguvaram Patel (Supra) and the petitioner/s is at liberty to make representation within a period fo 15 days from receipt of copy of this order. In the event, the petitioner/s 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 of with aforesaid observations and directions.

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Sd/-

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(Sachin Singh Rajput)

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Judge

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Pawan

Tikam Ram Sahu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Tikam Ram Sahu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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