Chandeshwar Lal Das v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3443 of 2019 ====================================================== Chandeshwar Lal Das, son of Late Narayan Lal Das, resident of Village Bangrahata, P.S. Ghanshyam, District Darbhanga ... ... Petitioner/s

Versus

1.The State of Bihar through the Secretary Cum Commissioner Environment and Forest Department, Patna Bihar 2.The Chief Conservator of Forest Cum Managing Director Bihar State Forest Development corporation Ltd, Officers Flat No. K-5 and 6, New Panaichak, Patna -23 3.General Manager, Minor Forest Produce Project Circle, Patna cum Incharge of North Bihar Circle, Forest Development Corporation Ltd, Officers Flat No.K-5 and 6 New Punaichak,Patna-23 4.Bihar State Forest Development Corporation Ltd, Officers Flat No. K-5 and 6 new P Officers Flat No. K-5 and 6 new Punaichak, Patna-23 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar Mishra, Advocate For the Respondent/s :

Mr.Awanish Nandan Sinha (GP-21) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 17-04-2019 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing on behalf of Bihar State Forest Development Corporation Ltd. (hereinafter referred to as the 'Corporation').

2. Petitioner, who retired from the Corporation, claims leave encashment for 300 days of the total length of service, which includes DA @ 245% as notified by the Finance Department.

3. A counter affidavit has been filed on behalf of the Corporation stating therein that because of shortage of funds with the Corporation payment has not been made and as soon as

Patna High Court CWJC No.3443 of 2019(3) dt.17-04-2019 2/3 it will be received by the State Government, the same shall be made.

4. Learned counsel for the petitioner submits that in similar matter in C.W.J.C. No. 17304 of 2017 this Court vide order dated 16.01.2019 had directed the Chief Conservator of Forest cum Managing Director of the Corporation to ensure payment of admitted and calculated leave encashment of the petitioner within a period of four months from the date of receipt/ production of a copy of the said order. In the said writ application, this Court had also observed that the demand would be forwarded to the State Government within a period of four weeks if not already done. The State Government shall ensure that the amount is sent to the Corporation within eight weeks. The entire payment would be made within a period of four months.

5. This writ application is disposed of in the same terms as C.W.J.C. No. 17304 of 2017 with direction to the Chief Conservator of Forest cum Managing Director of the Corporation to ensure payment of admitted and calculated leave encashment of the petitioner within a period of four months from the date of receipt/ production of a copy of this order. The demand would be forwarded to the State Government within a

Patna High Court CWJC No.3443 of 2019(3) dt.17-04-2019 3/3 period of four weeks if not already done. The State Government shall ensure the amount is sent to the Corporation within eight weeks. The entire payment would be made within a period of four months.

(Nilu Agrawal, J) Rajesh/- U