Disposed

Preeti Goswami v. State of Chhattisgarh

Chhattisgarh HC18 Sept 2024WPS/5802/2024

Case brief

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What is this about?

Petitioner sought leave encashment benefits due to her deceased father, a retired Work Charged/Contingency Paid PWD employee, relying on an earlier identical writ. Not pressing on merits, she sought a direction to decide a representation. The court disposed of the petition granting liberty to file a representation within 15 days for decision within three months.

What the court decided

AI extract

Preeti Goswami Vs State of Chhattisgarh — Pension and Retirement Benefits | Chhattisgarh HC (2024)

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2024:CGHC:36607

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 5802 of 2024

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1 - Preeti Goswami D/o Late Chandrashekhar Goswami, Aged About 25 Years R/o Pwd Colony, Pendra Road, District-Gaurela-Pendra-Marwahi (C.G.)

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... Petitioners

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versus

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1 - State Of Chhattisgarh Through- Secretary, Public Works Department (P.W.D.), Mahanadi Bhawan, Nava Raipur, District-Raipur (C.G.) 2 - Engineer-In-Chief, Public Works Deparment (P.W.D.), Atal Nagar, Sector-19, Nawa Raipur, District-Raipur (C.G.) 3 - Superintendent Engineer, Public Works Department (P.W.D.), Bilaspur Circle, DistrictBilaspur (C.G.) 4 - Chief Engineer, Public Works Department (P.W.D.) Bilaspur, District-Bilaspur (C.G.) 5 - Executive Engineer (Pendra Division), Public Works Department (P.W.D.), Pendra Road, District-Gaurela-Pendra-Marwahi (C.G.) 6 - Divisional Joint Director, Treasury Accounts And Pendions- Bilaspur Division, Bilaspur, District-Bilaspur (C.G.) 7 - Treasury Officer, District Treasury Gaurela-Pendra-Marwahi (C.G.)

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... Respondents

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For Petitioners : Mr. Anshuman Shrivastava, Advocate For Respondent : Mr. Sabyasachi Choubey, Panel Lawyer

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Hon'ble Shri Justice Sachin Singh Rajput Order On Board

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19.09.2024

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1. Heard.

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1. Learned counsel for petitioner submits that father of the 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 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

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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

Preeti Goswami v. State of Chhattisgarh

Case brief

What is this about?

What the court decided

Preeti Goswami v. State of Chhattisgarh

Case brief

What is this about?

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