1 2025:CGHC:29332 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5308 of 2019 1 - Baidnath Tiwari S/o Shri Shiv Prasad Tiwari Aged About 64 Years R/o Ward No. 42, Basantpur, Rajiv Nagar, Rajnandgaon, Police Station And District Rajnandgaon Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Home Department, Mahanadi Bhawan, Police Station New Raipur, District Raipur Chhattisgarh. 2 - Director General Of Police Police Trade Quarters, Atal Nagar, Raipur, District Raipur Chhattisgarh. 3 - Superintendent Of Police Police Training School, R. K. Nagar, Rajnandgaon, Police Station And District Rajnandgaon Chhattisgarh. ... Respondents (Cause-title, as taken from CIS System) For Petitioner : Mr. Vaibhav A. Goverdhan, Adv. For State/Respondents : Mr. Amandeep Singh, Panel Lawyer. (Hon'ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 01/07/2025 1. With the consent of both the parties, heard the matter finally. 2. This petition has been preferred by petitioner under Article 226 of the Constitution of India seeking following reliefs:- “10.1 It is submitted that the Hon’ble Court may kindly be pleased to issue writ/writs, order/orders, direction/directions, and quash the impugned order dated 30.03.19 and 24.11.16, so far as it relates to the 2 petitioner herein (Annex. P-1), in the interest of justice. 10.2 It is submitted that the Hon’ble Court may kindly be pleased to issue writ/writs, order/orders, direction/directions to the respondents and they may kindly be directed make payment of 52 days medical leave/Commuted leave. 10.3 That, this Hon’ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.” 3. Learned counsel for the petitioner would submit that petitioner retired on 31.12.2016 from the post of Head Constable (Trade), District Rajnandgaon (CG) after attaining the age of superannuation. At the time of retirement of petitioner, he had 263 days in his earned leave account and 444 days in his medical /half pay leave account. He was on medical / sick leave from 30.08.2016 to 20.10.2016 i.e. 52 days. He had submitted application dated 21.10.2016 (Annexure-P/5) for grant him medical leave, but leave was not granted to him and 52 days were deducted from his earned leave and only 204 days were encashed in his earned leave account during his retirement. He would further submit that there was ample medical /half pay leave in account of petitioner and he had already submitted application for grant of medical leave, despite that, without his consent, his earned leave was deducted in place of medical leave, which is against Rule 6 of the Chhattisgarh Civil Services (Leave) Rules, 2010 (henceforth referred to as ‘the Rules of 2010’), hence, learned counsel submitted that respondents may be directed to pay for remaining 36 days’ leave encashment amount to the petitioner in accordance with law. 4. State-respondents has filed its reply. Learned State counsel 3 referring to its reply, would submit that, though petitioner was in medical/sick leave from 30.08.2016 to 20.10.2016 and he had also submitted application (Annexure-P/5) to grant him medical/sick leave for aforesaid period, but he had not filed any medical prescription or medical advice of doctor or any cash memo, therefore, instead of granting him medical/sick leave, 36 days were deducted against the said period of his medical/sick leave i.e. 52 days. As such, he prayed that this petition is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. As per the impugned order (Annexure-P/1) dated 30.03.2019 issued by respondent No.3 -Superintendent of Police, Police Training School, Rajnandgaon (CG), petitioner was on medical /sick leave from 30.08.2016 to 20.10.2016 i.e. 52 days, to which, he had submitted application (Annexure-P/5) for grant him medical/sick leave, he had also submitted Form 3 certificate (thrice) under Rule 18 for extension of medical leave and after getting fit, he has also submitted fitness certificate (Annexure-P/4) under Rule 23 (3). 7. Rule 6 of the Chhattisgarh Civil Services (Leave) Rules, 2010 contemplates as under:- “6. Right to leave- (1) Leave cannot be claimed as of right. (2) When the exigencies of public service so require, leave of any kind may be refused or revoked by the authority competent to grant it, but it shall not be open to that authority to alter the kind of leave due and applied for except at the written request of the Government servant. ” 8. Perusal of aforesaid rule shows that without written request of the government servant, authority cannot alter his one kind of leave into 4 another. In instant case, petitioner has specifically filed application to grant him medical/sick leave, but without his consent, he was granted earned leave for said 52 days, which is against the provisions of Rule 6 (2) of the Rules of 2010. 9. Undisputedly, while retirement, government servants are entitled to receive encashment for 240 days if it was in their earned leave account. In instant case, undisputedly there was 240 days E.L. in the said account of petitioner and it is also stated that 444 days were also available in his medical /half pay leave, but instead of deducting his half pay leave, respondent authorities deducted his E.L. for said medical/sick leave of petitioner, which is against the provision of Rule 6 (2) of the Rules of 2010, hence, the impugned order dated 30.03.2019 (Annexure-P/1) is set aside. Respondent are directed to pay leave encashment for 36 days earned leave to the petitioner and his 52 days medical/sick leave may be deducted from his medical/half pay leave account. Respondents No.2 & 3 are directed to comply with the aforesaid order, within a period of 60 days from the date of receipt/submission of copy of this order. 10. Accordingly, this writ petition stands disposed of. Sd/- (Naresh Kumar Chandravanshi) JUDGE Rukhsar RUKHSAR BANO Digitally signed by RUKHSAR BANO Date: 2025.07.04 15:57:08 +0530