Lakhan Lal Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3044 of 2019 Lakhan Lal Sahu S/o Late Shri Dukalu Ram Sahu Aged About 68 Years R/o Durga Ram Sahu, R/o Durga Tailor, Near Lic Office, Sindhi Colony, Champa, Police Station-Champa,district- Janjgir-Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through- Secretary, Department Of Water Resources, Mantralaya, Atal Nagar, Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. Director Directorate Of Treasury, Account And Pension, Atal Nagar, Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

3. Engineer In Chief Water Resources Department, Sihawa Bhawan, Civil Line, Raipur, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh

4. Executive Engineer Hasdeo Nahar Water Management Division Janjgir, District- Janjgir-Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Respondents For Petitioner :

Mr. K.P. S. Gandhi, Advocate For State :

Mr. Anshuman Shrivastava, PL Hon'ble Shri Justice P. Sam Koshy Order on Board 25/04/2019

1. The limited claim that the petitioner has raised in the present writ petition is for direction to the respondents to consider the release of the earned leave that was in the credit of the petitioner on his retirement from service w.e.f. 31/01/2013.

2. According to the petitioner he had retired in January, 2013. He was paid his retiral dues only in the year 2017 and when the retiral dues were paid he has not been granted, earned leave encashment that he was entitled for. According to the petitioner he was initially engaged as Daily wage employee with the contingency establishment and was subsequently regularized w.e.f. 23/05/2008 and retired from service w.e.f. 31/01/2013 and as such the petitioner was entitled for the encashment of earned leave to his credit during the period that he has served the respondents.

3. Given the facts and circumstances of the case, this Court is of the opinion that ends of justice would meet if the respondent No. 3 & 4 are directed to ensure that the case of the petitioner for grant of leave encashment is scrutinized and subject to verification from the records the dues of leave encashment is settled at the earliest preferably within a period of four months from the date of receipt of copy of this order. It shall be the responsibility of the petitioner to apprise respondent No. 3 & 4 so far as the order passed by this Court is concerned.

4. The writ petition accordingly stands disposed off. Sd/- (P. Sam Koshy) Judge Rohit