Disposed¶66

Baijnath Rai v. State of Chhattisgarh

Chhattisgarh HC28 Jan 2025WPS/804/2025

Case brief

AI extract

What is this about?

Leave encashment; 300 days' earned leave instead of 240 days; retired employees; retirement dues; representation with liberty; due verification; similarly situated employees; Faguvaram Patel (Writ Petition (S) No. 3870 of 2021, decided 30.09.2022); disposed of with directions; High Court of Chhattisgarh at Bilaspur; WPS No. 804 of 2025; Amitendra Kishore Prasad, J.; 29/01/2025.

What did the court decide?

Liberty to the petitioners to make a detailed representation with all necessary documents before the concerned respondent/competent authority within 30 days; on due verification, if found similarly situated to Faguvaram Patel (supra), their claim to be decided in light of that judgment, expeditiously preferably within 90 days of submission of the representation. ¶66

Baijnath Rai Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners, retired employees of the respondent department, are entitled to immediate release of encashment of 300 days' earned leave instead of 240 days, with interest. +1 more

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Court's answer

On due verification, if the petitioners are found to be similarly situated persons as in Faguvaram Patel (supra), their claim shall be decided by the respondents in light of the judgment in Faguvaram Patel (supra), expeditiously and preferably within 90 days from submission of the representation.

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Ratio / Principle

Without commenting on the merits, the petition is disposed of, granting the petitioners liberty to make a detailed representation with all necessary documents before the concerned respondent/competent authority within 30 days of receipt of the order.

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Detailed headnote1 paragraphs

Writ petition (WPS No. 804 of 2025) by 33 retired employees of the respondent department (respondents include the Secretary, Home (Police) Department, the Director General of Police, the Superintendent of Police, Bilaspur, and the Joint Director, Treasury, Account and Pension), seeking a direction to immediately release encashment of 300 days' earned leave instead of 240 days, with interest, claiming entitlement in light of this Court's earlier judgment in Faguvaram Patel & Ors. v. State of Chhattisgarh & Ors., Writ Petition (S) No. 3870 of 2021, decided on 30.09.2022. The State submitted that sufficient documents had not been filed and that completion of the minimum period of service was not reflected. Without commenting on the merits, Amitendra Kishore Prasad, J., disposed of the petition on 29/01/2025, granting liberty to file a detailed representation with all necessary documents before the competent authority within 30 days; on due verification, if found similarly situated to Faguvaram Patel (supra), the claim is to be decided by the respondents in light of that judgment, expeditiously and preferably within 90 days of submission of the representation.

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Digitally signed by RAGHVENDRA JAT

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2025:CGHC:5167

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 804 of 2025

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1 - Baijnath Rai S/o Shri M.D. Rai Aged About 67 Years R/o Rai Bhawan Mura Bhata Road Chhabada Farm House Hemunagar Ps Torw A Tah. And District Bilaspur (C.G.)

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2 - Jamuna Prasad Shukla S/o Narayan Prasad Shukla Aged About 65 Years R/o Ward No. 2, Thanapara Ratanpur District - Bilaspur (C.G.)

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3 - Harishankar Pandey S/o Late Indraprakash Pandey Aged About 65 Years R/o Mahamaya-Para Ratanpur, District Bilaspur, (C.G.)

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4 - Maniraj Prasad Tiwari S/o Ramniranjan Tiwari Aged About 65 Years R/o In Front Of Lic Office Magarpara Ps Civil Line Tah. And District Bilaspur (C.G.)

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5 - Hanuman Prasad Mishra S/o Late Shri R.S. Mishra Aged About 68 Years R/o Ashok Vihar, Phase Ii, Sarkanda District- Bilaspur (C.G.)

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6 - Ramesh Kumar Kaushik S/o Shri Gorelal Kaushik Aged About 64 Years R/o Pipartarai, Ganiyari Tahsil Ganiyari Distt.- Bilaspur (C.G.)

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7 - Kamleshwar Singh S/o Shri Ram Yash Singh Aged About 64 Years R/o Ashok Vihar Phase I, House No. 12 Near Science College - Sarkanda Tahsil And Distt. Bilaspur (C.G.)

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8 - Sunder Lal Shrivas S/o Shri Chandulal Shrivas Aged About 64 Years R/o Bhartiya Nagar Gali No. 5 Tah. And Distt. - Bilaspur (C.G.)

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9 - Laxmi Chand Sharma S/o Shri Ramadhin Sharma Aged About 66 Years R/o Nirala Gali Gopi Behind Gopi Sound Service Kududand Bilaspur Tahsil And Distt. Bilaspur (C.G.)

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10 - Feku Lal Yadav S/o Shri Kuashwa Ram Yadav Aged About 64 Years R/o Police Colony House No. A-85, Tifra District- Bilaspur (C.G.)

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11 - Chhote Lal Jaltare S/o Shri Kanvil Ram Jaltare Aged About 64 Years R/o Police Colony, Ward No. 5 Bilha Tah. Bilha District Bilaspur (C.G.)

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12 - Sudhir Pandey S/o Shri Teekaram Pandey Aged About 64 Years R/o Ward No. 16 Masturi Tahsil And Ps Masturi District Bilaspur C.G.

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13 - Sheikh Rahimulla S/o Sheikh Nazir Ulla Aged About 64 Years R/o Kumhar Para Road In Front Of Gyan Sagar School Near Taj Masjid Bilaspur District Bilaspur (C.G.)

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14 - Ramlal Patel S/o Kaushal Prasad Patel Aged About 67 Years R/o Police Line Bilaspur Ps Civil Line Tahsil And District Bilaspur C.G.

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15 - Radhe Shyam Kushwaha S/o Shri Shriram Kushwaha Aged About 67 Years R/o Mig 893 Dindayal Colony Mangla Bilaspur Tahsil And Distt. Bilaspur C.G.

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16 - Sushil Kumar Sharma S/o Shri Janardan Prasad Sharma Aged About 66 Years R/o Ward No. 21, Nadi Kinare Subhash Nagar Gondpara Bilaspur Distt. Bilaspur C.G.

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17 - Devi Lal Yadav S/o Shri Latel Ram Yadav Aged About 64 Years R/o Ward No. 24 Juna Bilaspur Ps City Kotwali Tahsil And Distt. Bilaspur C.G.

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18 - Bheshaj Ram Jaiswal S/o Shri Uday Ram Jaiswal Aged About 64 Years R/o H.No. A/79 Police Colony Tifra Bilaspur Distt. Bilaspur C.G.

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19 - T. Somavati Chaursiya W/o Shri T. Ramhandra Rao Aged About 64 Years R/o Mig 58 Sagar Deep Colony, Ameri Bilaspur, Distt.- Bilaspur C.G.

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20 - Reda Tirkey Pandey W/o Shri Arun Pandey Aged About 64 Years R/o Near Durga Mandir, Police Line Bilaspur Distt. Bilaspur (C.G.)

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21 - Narayan Prasad Shriwas S/o Bharat Ra, Shriwas Aged About 64 Years R/o Police Line Bilaspur Ps Civil Line Tahsil And District - Bilaspur (C.G.)

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22 - Umashankar Pandey S/o Shri Indu Prakash Pandey Aged About 64 Years R/o House No. 36 Police Line Infront Of Bilasa Gurhi, Bilaspur (C.G.)

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23 - Ram Pratap Singh Yadav S/o Chhote Lal Singh Yadav Aged About 63 Years R/o House No. 25 Shri Ram Residency Near Maharishi School, Mangle Bilaspur Distt. Bilaspur (C.G.)

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24 - Baishakhu Ram Dhruve S/o Shri Bachchu Lal Dhruve Aged About 63 Years R/o Mukhya Dak Ghar Rajendra Nagar Bilaspur District Bilaspur (C.G.)

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25 - Kunjram Jagat S/o Late Pitamber Singh Jagat Aged About 64 Years R/o Block F G -01 Near Satyam Chowk Police Line Ps Civil Line Tahsil And District-Bilaspur (C.G.)

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26 - Rakesh Kumar Tiwari S/o Late Saheb Lal Tiwari Aged About 64 Years R/o Ward No. 13 Ganga Nagar Phrase Ii Infront Of Rajshri Bhawan, Mangla Tahsil And District - Bilaspur (C.G.)

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27 - Indradev Yadav S/o Shri Jairam Yadav Aged About 63 Years R/o Ward No. 2 Near Panchmukhi Hanuman Mandir Kududand Bilaspur Tah. And District Bilaspur C.G.

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28 - Raghunandan Lal Sharma S/o Shri Ganesh Prasad Tiwari Aged About 65 Years R/o House No. 534/4/2 Mangla Road Ganga Nagar Sector 2 Bilaspur Tahsil And District - Bilaspur C.G.

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29 - Diwakar Prasad Chturvedi S/o Shri Chhote Lal Chaturvedi Aged About 63 Years R/o Bramhan Ward No. 03 Lormi Tahsil Lormi Distt. Mungeli C.G.

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30 - Rama Shankar Sharma S/o Shri Ghurav Prasad Sharma Aged About 65 Years R/o Indrasen Nagar, Near Durga Mandir Mangla Tahsil And Distt. Bilaspur C.G.

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31 - Top Singh Kshatri S/o Shri Gend Singh Aged About 66 Years R/o Bandhwapara, Sarkanda Tahsil And District Bilaspur C.G.

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32 - Yogesh Kumar Gupta S/o Shri Hiralal Gupta Aged About 64 Years R/o 374 Shyama Prasad Mukharji Ward, Ashok Nagar Sarkanda Tahsil And Distt.Bilaspur (C.G.)

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33 - Dinbandhu Kori S/o Shri Jagannath Prasad Kori Aged About 64 Years R/o Ward No. 48 Daihan Para Sarkanda Ps Sarkanda District Bilaspur (C.G.)

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... Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through Secretary Home Police Department, Mahanadi Bhawan, New Mantralaya, Atal Nagar, Raipur Dist. - Raipur (C.G.).

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2 - The Director General Of Police Police Heal Quarter, Atal Nagar Raipur, Dist. Raipur (C.G.).

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3 - The Superintendent Of Police Bilaspur, Distt. Bilaspur (C.G.).

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4 - The Joint Director Treasury, Account And Pension Bilaspur District Bilaspur (C.G.).

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... Respondent(s)

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For Petitioner(s) : Mr. Dheerendra Pandey, Advocate. For Respondent(s)/State : Ms. Shailja Shukla, Dy. G.A.

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Hon’ble Mr. Justice Amitendra Kishore Prasad

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Order on Board

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29/01/2025

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By way of this writ petition, the petitioners have prayed for

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following reliefs:-

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“i) That, the Hon'ble court may kindly be pleased to call for the entire records of the case.

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ii) That, the Hon'ble court may kindly be pleased to issue a suitable writ for directing the respondents to immediately release the encashment of 300 days' earned leave instead of 240 days order with interest iii) Cost of the petition may also be granted to the petitioner

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iv) That, any other relief, which the petitioner is entitled and this Hon'ble court deems it fit may kindly, be granted to the petitioners.”

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Learned counsel for the petitioners submits that petitioners are retired employees of the respondent department. He further 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 whether the petitioners have completed the minimum period of 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 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 persons, as in the case of Faguvaram Patel (Supra), 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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(Amitendra Kishore Prasad) Judge

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Raghu Jat

Baijnath Rai v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Baijnath Rai 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

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