High Court Of ChhattisgarhWPS/4152/2016disposed off

Virendra Pal Singh v. State Of Chhattisgarh

2017-04-11Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4152 of 2016 • Virendra Pal Singh S/o Late Surajmal Singh, Aged About 66 Years Retired Lecturer, DIET, R/o Bharrapara, Ward No 15, Pendra District Bilaspur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, General Administration Department (Pension Resolution Committee) Mahanadi Bhawan New Raipur Chhattisgarh

2. Joint Director, Treasury, Account, Pension, Bilaspur Chhattisgarh

3. District Education OfÏcer, Bilaspur Chhattisgarh

4. Block Education OfÏcer, Pendra District Bilaspur Chhattisgarh

5. Principal, District Institution Of Education & Training (DIET) Pendra, District Bilaspur Chhattisgarh ---- Respondent For Petitioner Mr. K.S. Pawar and Mr. Shashi Kushwaha, Advocates For Respondent /State Mr. SP Kale, Dy. AG Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 11/4/2017

1. Heard.

2. The petitioner has earlier preferred WPS No.6625 of 2014 for non payment of retiral dues including leave encashment for 240 days. By order dated 19.12.2014, the aforesaid writ petition was

disposed of by this Court, directing the Pension Redressal Committee to consider and decide the petitioner's grievance. The Committee has passed an order on 23.9.2015 specifically mentioning in para 2.3 thereof that the petitioner has prayed for 240 days of leave encashment but has been allowed only 112 days of leave encashment, however, in the later part of the order, the Committee has not dealt with the issue and no order has been passed as to why the petitioner is entitled for only 112 days of leave encashment and not full 240 days.

3. Considering the document -Annexure R/1, wherein, the Principal of District Education and Training Institute, Pendra, District Bilaspur, where-from, the petitioner has retired, has mentioned in column 7 that the petitioner is entitled for leave surrender of 240 days, the matter is remitted back to the Pension Redressal Committee for passing a reasoned order as to the petitioner's entitlement of 240 days of leave encashment.

4. Let fresh order be passed by the Pension Redressal Committee within a period of 03 months from today.

5. Learned counsel for the State shall inform the Committee about this order within a week.

6. The writ petition is accordingly disposed of. Sd/- Judge (Prashant Kumar Mishra) Shyna