Disposed

Rajesh Kumar Sinha v. State of Chhattisgarh

Chhattisgarh HC22 Sept 2024WPS/5875/2024

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh disposed of a writ petition filed by a retired government employee seeking leave encashment. Relying on a prior decision, the court permitted the petitioner to submit a representation and directed the respondents to decide his claim expeditiously within three months if he is found similarly situated.

What did the court decide?

Petitionee permitted to make representation within 15 days; authority to decide claim if similarly situated within three months.

Rajesh Kumar Sinha Vs State of… — Pension and Retirement Benefits | Chhattisgarh HC (2024)

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2024:CGHC:37317

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 5875 of 2024

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1 - Rajesh Kumar Sinha S/o Late Shri Santan Prasad Sinha, Aged About 62 Years Retired Time Keeper, Office Of The Executive Engineer, Department Of Public Works, Sub Division No. 2, Ambikapur, District Surguja, Chhattisagarh.

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... Petitioner

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versus

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1 - State Of Chhattisgarh Through Its Secretary, Department Of Public Works, Mantralaya Mahanadi Bhawan, Nawa Raipur, Atal Nagar, Raipur, Chhattisgarh.

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2 - Engineer-In-Chief, Department Of Public Works, North Block, Sector-19, Nirman Bhawan, Nawa Raipur, Atal Nagar, Raipur, Chhattisgarh. 3 - Chief Engineer, Department Of Public Words, Surguja Area, Ambikapur, District - Surguja Chhattisgarh.

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4 - Superintendent Engineer, Department Of Public Works, Ambikapur, Division, Ambikapur, District - Surguja Chhattisgarh.

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5 - Executive Engineer, Department Of Public Words, Sub Division No. 2, Ambikapur, District - Surguja Chhattisgarh.

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... Respondents

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For Petitioner : Mr. Pawan Shrivastava, Advocate For Respondents : Mr. Kalpesh Ruparel, P.L.

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Hon'ble Shri Justice Sachin Singh Rajput Order On Board

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23.09.2024

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Learned counsel for petitioner submits that petitioner who stood retired as Work Charged and Contingency Paid Employees, petitioner is entitled for leave encashment but till date respondents have not extended the benefit of leave encashment to petitioner. Identical issue came up for consideration

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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, at this stage, he is having no objection.

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

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

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Sd/(Sachin Singh Rajput) Judge

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H.Ansari

Rajesh Kumar Sinha v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Rajesh Kumar Sinha v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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