Disposed¶24

Arun Kumar Bendre v. State of Chhattisgarh

Leave encashment – Work Charged and Contingency Paid Employee

Chhattisgarh HC17 Sept 2024WPS/5795/2024

Download

Case brief

AI extract

What is this about?

Chhattisgarh High Court, Bilaspur; WPS No. 5795 of 2024; Justice Sachin Singh Rajput; order dated 18/09/2024 (NAFR); leave encashment; work charged employee; contingency paid employee; Public Works Department; retired employee pensionary benefits; representation to be decided within three months; disposal in light of earlier precedent Faguvaram Patel (W.P.(S) No. 3870 of 2021); State counsel had no objection to limited prayer; no adjudication on merits.

What did the court decide?

Liberty to the petitioner to submit a representation within 15 days from receipt of copy of the order; if found similarly situated, respondents to decide the leave encashment claim in accordance with law, preferably within three months of receipt of the representation. ¶24

Arun Kumar Bendre Vs State of Chhattisgarh — Chhattisgarh HC (2024) — LawSathi Research

¶1

1 / 2

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶4

WPS No. 5795 of 2024

¶5

1 - Arun Kumar Bendre S/o Late Manohar Bendre, Aged About 64 Years R/o Bakhtawar Chawl, Tulsipur, Gali No. 08, Ward No. 17, Rajnandgaon, District-Rajnandgaon (C.G.)

¶6

... Petitioner

¶7

versus

¶8

1 - State Of Chhattisgarh Through Secretary, Public Works Department, Raipur, DistrictRaipur (C.G.)

¶9

2 - Joint Director, Accounts, Treasury And Pension Directorate, Raipur, District- Raipur, Chhattisgarh.

¶10

3 - Engineer In Chief, Public Works Department, Raipur, District- Raipur, Chhattisgarh.

¶11

4 - Chief Engineer, Public Works Department, Durg, District- Durg, Chhattisgarh.

¶12

5 - Superintendent Engineer, Public Works Department, Durg, District- Durg, Chhattisgarh.

¶13

6 - Executive Engineer, Public Works Department, Rajnandgaon, District- Rajnandgaon, Chhattisgarh.

¶14

7 - Sub Divisional Officer, Public Works Department, Rajnandgaon, District- Rajnandgaon, Chhattisgarh. ... Respondents

¶15

For Petitioners : Mr. Anup Majumdar, Advocate For Respondent/State : Mr. Sabyasachi Choubey, PL

¶16

Hon’ble Shri Justice Sachin Singh Rajput

¶17

Order on Board

¶18

18/09/2024

¶19

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

¶20

2 / 2

¶21

the 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.

¶22

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.

¶23

I have heard learned counsel for the parties and perused the documents available on record. 4. 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.

¶24

Accordingly, the petition is disposed of with aforesaid observations and directions.

¶25

Sd/-

¶26

(Sachin Singh Rajput)

¶27

JUDGE

¶28

Pawan

Arun Kumar Bendre v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Arun Kumar Bendre v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Saurabh Kumar Shrivastav Vs State of Chhattisgarh

Ashok Kumar Singh Vs State of Chhattisgarh

Rafique Miyan Vs State of Chhattisgarh

Smt Ramkumari Kashyap Vs State of Chhattisgarh

Shashiprabha Chaurasia Vs State of Chhattisgarh

Netram Patel Vs State of Chhattisgarh