Disposed

Krishna Yadav v. the State of Chhattisgarh

Chhattisgarh HC12 Dec 2024WPS/8209/2024

Case brief

AI extract

What is this about?

The Chhattisgarh High Court disposed of a petition by retired contingent paid employees seeking leave encashment. The court directed respondents to verify documents and decide the claim within 90 days if claimants are similarly situated to prior precedents.

What did the court decide?

Directed respondents to verify documents and decide the claim within 90 days if petitioners are similarly situated.

Krishna Yadav Vs the State of… — Pension and Retirement Benefits | Chhattisgarh HC (2024)

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Digitally signed by REKHA SINGH

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2024:CGHC:49264

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 8209 of 2024

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1 - Krishna Yadav S/o Raghunath Ram Yadav Aged About 69 Years R/o Rajkumar Gupta, Gali Church Road, Ambikapur, District Surguja, Chhattisgarh.

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2 - Tanhaji Tulsiram Gayakwad S/o Tulsiram Gayakwad, Aged About 64 Years R/o Ward No. 5, Godhanpur, Ambikapur, District - Surguja, Chhattisgarh.

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3 - Chironji Lal Sahoo S/o Fagooram Sahoo, Aged About 72 Years R/o Shivanand Nagar Sector-3, Raipur, District Raipur, Chhattisgarh.

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4 - Sheela Gupta W/o Late Surendra Prasad Gupta, Aged About 72 Years R/o Ward No. 3, Bramh Road, Ambikapur, District Surguja, Chhattisgarh.

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... Petitioner(s)

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versus

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1 - The State Of Chhattisgarh Through Secretary, Water Resource, Department Mahanadi Bhawan, Nava Raipur, District Raipur, Chhattisgarh.

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2 - The State Of Chhattisgarh, Through Secretary, General Administration Department, Mahanadi Bhawan, Nava Raipur, District Raipur, Chhattisgarh.

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3 - The State Of Chhattisgarh, Through Secretary, Finance Department, Mahanadi Bhawan, Nava Raipur, District Raipur, Chhattisgarh.

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-2-

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4 - Superintendent Engineer, Department Of Public Health Engineering (Phe), Ambikapur Division, Surguja, District Surguja, Chhattisgarh.

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5 - Executive Engineer, Department Of Public Health Engineering (Phe), Ambikapur Division, Surguja, District Surguja, Chhattisgarh.

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6 - Executive Engineer, Department Of Electric And Mechanical Section Public Health Engineering (Phe), Ambikapur Division, Surguja, District Surguja, Chhattisgarh.

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7 - Joint Director, Pension And Account Treasury Department, Ambikapur Division, Surguja, District Surguja, Chhattisgarh.

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---- Respondents

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For Petitioners : Mr. Sourabh Kale, Advocate holding the brief of Mr. Sajal Kumar Gupta, Advocate For State : Mr. Kalpesh Ruparel, Panel Lawyer

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Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

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13.12.2024

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Learned counsel for the petitioners submits that petitioners are retired employee of the respondent department, who were working as worked charged contingency paid employee. She submits that in the light of judgment passed by this Court in Writ Petition (S) No.3870 of 2021 ( Faguvaram Patel & Ors. Vs. State of Chhattisgarh & Ors. ) and other connected matters decided on 30.09.2022, the petitioners are entitled for leave encashment.

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Learned State counsel submits that sufficient documents have not been filed by the petitioners and it is also not reflected as to

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whether the petitioners have completed the minimum the service to avail the benefit of leave encashment.

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

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Be that as it may, without commenting anything on the merits, this petition is disposed of giving liberty to the petitioners to make detailed representation before the concerned

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respondent/competent authority within the period of ‘30 days’ from the date of receipt of copy of this order with all necessary documents to substantiate their claim. In the event of filing of representation, on due verification, if the petitioners are found to be similarly situated person, as in the case of Faguvaram Patel (surpa), their claim shall be decided by the respondents in light of judgment of Faguvaram Patel (Supra) expeditiously preferably within the period of ‘90 days’ from the date of submission of the said representation.

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Accordingly, this petition stands disposed of with aforesaid observations and directions.

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Sd/-

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(Rakesh Mohan Pandey) Judge

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Rekha

Krishna Yadav v. the State of Chhattisgarh

Case brief

What is this about?

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Krishna Yadav v. the State of Chhattisgarh

Case brief

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