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2025 DAILYLAW 21947 (CHH)

DEVCHARAN DAS v. STATE OF CHHATTISGARH

WPS/3487/2025 · 2025-05-08

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:21626 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3487 of 2025 1 - Devcharan Das S/o Late Shri Prayag Das Aged About 63 Years R/o Ward No. 8, Manjha Para, Premnagar, District Surajpur, Chhattigarh 2 - Nan Ram @ Naan Ram S/o Late Shri Thakur Ram Aged About 64 Years R/o Ward No. 5, Premnagar, District Surajpur, Chhattisgarh. Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Panchayat, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District- Raipur Chhattisgarh. 2 - The Director, Directorate Of Panchayat And Rural Development, Vikas Bhawan, Sector-19, North Block, Atal Nagar, Nawa Raipur, District- Raipur Chhattisgarh. 3 - Collector, District- Surajpur, Chhattisgarh. 4 - Chief Executive Officer, Zila Panchayat Surajpur, District- Surajpur, Chhattisgarh. 5 - Chief Executive Officer, Janpad Panchayat Premnagar, District- Surajpur, Chhattisgarh. Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Ms. Prakritee Jain, Advocate on behalf of Ms. Sunita Jain, Advocate For Respondent(s) : Mr. Soumitra Kesharwani, RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.05.09 18:32:44 +0530 2 ( Hon’ble Shri Bibhu Datta Guru, Judge) Order on Board 09/05/2025 Heard. 1. By the present writ petition, the petitioners, who have retired from the office of respondent No. 5 are seeking a direction towards the respondent authorities to decide the pending representation of the petitioner dated 03/12/2024 (Annexure P-7) for grant of pension and leave encashment to the petitioners. 2. Learned counsel for the petitioner submits that though the petitioners superannuated from service on 31/07/2024, but till date the respondents have not released the pension and leave encashment of the petitioners. She further submits that vide communication dated 18/05/2024 (Annexure-P/5), CEO, Janpad Panchayat, Premnagar issued a communication to CEO, Zila Panchayat, Surajpur with a recommendation for payment of leave encashment to the petitioners, but till date, the same has not been released. 3. Learned State counsel submits that petitioners have already approached the respondent authorities vide Annexure P-7 and the same will be considered in accordance with law within 30 days. 4. I have heard learned counsel for the parties and perused the pleadings and the documents. 3 5. From perusal of the pleadings, it appears that the petitioners have been superannuated on 31/07/2023 but till date they are not getting pension as well as leave encashment even after 22 months. It is also apparent from Annexure-P/6 that CEO, Janpad Panchayat, Premnagar issued a communication to CEO, Zila Panchayat, Surajpur with a recommendation for payment of leave encashment to the petitioners, but till date no payment has been made. 6. Considering the same, the writ petition is disposed off with a direction to the respondents to take necessary steps for grant of pension in accordance with law. Further, respondent No. 4 & 5 are directed to take necessary steps for disbursement of leave encashment as recommended vide communication dated 18/05/2024 (Annexure-P/6) 7. With the aforesaid observation/ direction, the writ petition is disposed off. Sd/- Sd/- (Bibhu Datta Guru) JUDGE Rahul