High Court Of ChhattisgarhWPS/3224/2019disposed off

Gendram Sahu v. State Of Chhattisgarh

2019-05-01Hon'Ble Shri Justice P. Sam Koshy2 pages

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3224 of 2019 Gendram Sahu S/o Late Ramprasad Sahu Aged About 65 Years Occupation Retired Head Clerk, R/o Near Panchdev Mandir, Mayapur Ward Ambikapur, P.S. Kotwali, District Surguja Chhattisgarh, Permanent R/o Village Gidhwa, P.O. Nagda, P.S. Nandghat, Tahsil Navagarh, District Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Education Department, Mahanadi Bhawan Mantralaya, New Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. District Education Officer Ambikapur, Surguja, District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ---- Respondents For Petitioner :

Mr. S. K. Verma, Advocate.

For State :

Ms. Astha Shukla, PL Hon'ble Shri Justice P. Sam Koshy Order on Board 01/05/2019

1. The dispute in the present writ petition is non releasing of the amount payable to the petitioner towards leave encashment on his retirement from service w.e.f. 30/06/2016.

2. According to the petitioner Annexure P-1 dated 30/03/2019 issued by the District Education Officer Ambikapur, District Surguja i.e. respondent No. 2 wherein he has passed an order holding that the petitioner is entitled for 175 days of leave encashment to the tune of Rs. 3,02,750/- .

3. Given the aforesaid correspondence made by the respondent No. 2 to the petitioner this Court is of the opinion that no fruitful purpose would be served

-2in keeping the writ petition pending rather ends of justice would meet if the respondent No. 2 is directed to ensure that the petitioner is paid his leave encashment at the earliest preferably within a period of 60 days from the date of receipt of copy of this order.

4. It is made clear that in case if the amount is not released by the respondent within a period of 90 days period the petitioner would be entitled for the interest on the said amount at the rate of 10% per annum from the date of his retirement till the actual date of appointment. It shall be the responsibility of the petitioner to intimate respondent No. 2 so far as the order passed by this Court is concerned.

5. With the aforesaid directions, the writ petition stands disposed off. Sd/- (P. Sam Koshy) Judge Rohit