High Court Of ChhattisgarhWPS/980/2021disposed off

Suklal Sidar v. State Of Chhattisgarh

2021-03-08Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 980 of 2021

1. Suklal Sidar S/o Budhram Sidar, Aged About 62 Years Ex-Jalwahak, Class- Iv Employee, R/o Village Dhimani Post Bandora, District Janjgir Champa Chhattisgarh, ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Scheduled Tribe And Scheduled Caste Development, Mahanadi Bhawan, Naya Raipur, District Raipur (Chhattisgarh)

2. Assistant Director, Tribal, Janjgir Champa (Chhattisgarh)

3. Joint Director, Treasury, Account And Pension, Janjgir Champa Chhattisgarh.

---- Respondents For Petitioner :

Shri Ishwar Jaiswal, Advocate.

For State :

Shri Wasim Miyan, P.L.

Hon'ble Shri Justice P. Sam Koshy Order on Board 08/03/2021

1. The grievance of the petitioner in the present writ petition is confined to the extent of non granting the benefit of leave encashment in-spite of his retirement on 31.05.2020.

2. Counsel for the petitioner submits that he has received all the other retiral dues payable to him except for the leave encashment and which for no reason has been withheld by the respondentauthorities. According to the petitioner, he has put in about 12 years of regular service before retirement and there were leaves to his credit for which he is entitled for the encashment of the same under the Rules.

3. The State Counsel on the other hand submits that since the claim of the petitioner is still pending consideration, the writ petition be

disposed of at this juncture directing the respondents No. 1 & 2 to take necessary steps in ensuring that his claim of leave encashment is decided at the earliest.

4. Given the said submission by the counsel for the respondents/State, the writ petition at this juncture is disposed of directing the respondents No. 1 & 2 to consider the claim of the petitioner for grant of leave encashment on his retirement of service on 31.05.2020 in accordance with the Rules governing the field at the earliest preferably within a period of 60 days from the date of receipt of copy of this order.

5. With the aforesaid direction, the writ petition stands disposed of. Sd/- (P. Sam Koshy) Judge Jyotijha