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2025 DAILYLAW 29984 (CHH)

MANBODHI RAM SHU v. STATE OF CHHATTISGARH

WPS/5285/2022 · 2025-03-06

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:11069 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5285 of 2022 1 - Manbodhi Ram Shu S/o Mahetaru Ram Sahu Aged About 65 Years R/o Village Kasdol, Rice Mill Road Near Jagannath Petrol Pump, Police Station Kasdol, District- Baloda-Bazar-Bhatapara, Chhattisgarh. --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Urban Administration And Development, Department Atal Nagar, District- Raipur, Chhattisgarh. 2 - Director Directorate, Urban Administration And Development, Department, Atal Nagar, District- Raipur, Chhattisgarh. 3 - Joint Director Directorate, Urban Administration And Development Department Atal Nagar, Raipur, Chhattisgarh. 4 - Joint Director Directorate, Urban Administration And Development Department, Bilaspur, Chhattisgarh. 5 - The Collector Urban Administration And Development- Department District- Janjgir-Champa, Chhattisgarh. VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 6 - President Nagar Panchayat Adbhar, District- Janjgir-Champa, Chhattisgarh. 7 - Chief Municipal Officer Nagar Panchayat Adbhar, District- Janjgir- Champa, Chhattisgarh. ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioner :- Mrs. Ranjana Jaiswal, Advocate For State :- Mr. Kanwaljit Singh Saini, P.L. For Respondents No.6 & 7 :- Mr. D.C. Verma, Advocate ----------------------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 06.03.2025 1. By way of this writ petition, the petitioner has prayed for following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records relates to the case of the petitioner. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondents to pay his money of earned leave of 240 days Rs. 3,89,760/- with interest. 10.3 Any other relief which this Hon'ble Court may deem fit and proper in the present circumstances of the case.” 2. The petitioner is retired from the post of Assistant Revenue Inspector, Nagar Panchayat Adbhar, District Janjgir Champa, (C.G.), and sent representation to the Directorate Urban 3 Administration and Development Department Raipur, (C.G.) for his Monetary Funds of earned leave of 240 days Rs. 3,89,760/-. The respondent has replied on 24.08.2021 through office channel, that, this department has no monetary funds, the payment has to made their body itself, the body has not been made payment till date. Hence, this petition. 3. Brief facts of the case are that the petitioner was appointed on 04.08.1984 and retired on 30.04.2020 from the post of Assistant Revenue Inspector Nagar Panchayat Adbhar, District Janjgir Champa. (C.G.). The Respondent has supplied the details regarding the retirement and payments of pension of petitioner and the Petitioner has filled up a form of Application for his money of earned leave to the respondent. Thereafter, the Petitioner has sent the representation to the respondents on 03.02.2022, 26.04.2022, 10.05.2022 and 08.06.2022, but no any action has been taken so far in this regard. 4. Learned counsel for the petitioner submits that though the amount of gratuity and leave encasement has been paid to the petitioner but it has been paid after more than three years of petitioner's claim as such the petitioner is claiming interest of the amount of leave enchantment. He also place reliance upon the order passed by Hon'ble Division Bench of this Court in the matter of Hari Prakash Beohar vs. State of Chhattisgarh and Ors. in WA No. 762/2024. 4 5. Considering the submissions made by learned counsel for the petitioner and in terms of order passed by Hon'ble Division Bench of this Court in W.A. No. 762 of 2024, instant petition is allowed. 6. The respondent authorities are directed to pay to the petitioner simple interest on leave encashment at the rate of 18%, within a period of three months from the production of this order. Sd/- (Amitendra Kishore Prasad) Judge Vishakha