Poharisharan Pandey v. State Of Chhattisgarh And ANR.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1305 of 2012 • Poharisharan Pandey S/o Rajoallabh Pandey, aged about 67 years, R/o Baldeo Bagh Road Near Railway Bridga Distt. Rajnandgaon C.G.

---- Petitioner

Versus

1. State of Chhattisgarh through its Secretary, Department of Home & Police, Mantralaya, D.K.S. Bhawan Raipur, C.G.

2. The Superintendent of Police, Distt.

Rajnandgaon C.G.

---- Respondents For Petitioner:-Mr. Rajesh Kumar Kesharwani, Adv. For State/Respondents:-Mr. Animesh Tiwari, Dy. A.G. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 14/07/2021

1. Proceedings of this matter have been taken up through video conferencing.

2. Learned counsel for the petitioner submits that the petitioner has not been given the

benefit of leave encashment and interest on the retiral dues paid belatedly for which the petitioner made representation on 09.11.2011 before the respondent-State.

3. Mr. Animesh Tiwari, learned State counsel, submits that by order dated 24.07.2007 passed by this Court petitioner is not entitled for aforesaid benefits.

4. I have heard learned counsel for the parties, considered their rival submissions and perused the records.

5. Since the petitioner has already made representation claiming leave encashment and interest on retiral dues paid belatedly, the respondent-State is directed to consider the case of the petitioner afresh for grant of leave encashment and delayed payment in retiral dues within 30 days from the date of receipt of copy of this order. Petitioner is at liberty to make fresh representation before the respondent-State highlighting all the relevant facts which will be considered by the respondent-State strictly in

accordance with law by passing reasoned and speaking order.

6. With the aforesaid observation / direction the instant writ petition stands disposed off.

Sd/- (Sanjay K. Agrawal) Judge Ankit