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2025 DAILYLAW 42486 (CHH)

ROMAN LAL KSHETRAPAL v. STATE OF CHHATTISGARH

WPS/10513/2025 · 2025-09-18

Shri Narendra Kumar Vyas

body2025

Judgment text

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1 2025:CGHC:48191 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 10513 of 2025 Roman Lal Kshetrapal S/o Late Shri Ram Pyare Aged About 65 Years Retired- Pump Attendant, Office Of Municipal Council, Bagbahra, R/o- Harnadadar, Post Buchapali, Tahsil Bagbahra, District Mahasamund (C.G.) ... Petitioner(s) versus 1. State of Chhattisgarh Through Secretary Urban Administration And Development And Department, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur (C.G.) 2. Director Urban Administration And Development, Indrawati Bhawan, Directorate Atal Nagar Nawa Raipur, District Raipur (C.G.) 3. Collector District Mahasamund, Chhattisgarh 4. Chief Municipal Officer Municipal Council, Bagbahra, District- Mahasamund (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Anil Tawadkar, Advocate For Respondent(s) : Mr. Suyashdhar Badgaiyan, Dy. GA Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 19/09/2025 1. The petitioner who was working on the post of Pump Attendant in Municipal Council Bagbahara stood retired on 31-8-2022 but no leave encashment has been paid to him by the respondent No.2. SANTOSH KUMAR SHARMA Digitally signed by SANTOSH KUMAR SHARMA Date: 2025.09.22 10:46:37 +0530 2 2. Learned counsel for the petitioner would submit that the issue involved in this case is squarely covered by the order dated 06.05.2024 passed by this Court in WPS No. 2622 of 2025 and 2627 of 2024, therefore, similar order can be passed in the present case also. He would further submit that the petitioner who was working on the post of Pump Attendant in Municipal Council Bagbahara, District Mahasamund has been retired on 31.08.2022 but his leave encashment has not been released by the respondent though sanctioned due to financial crisis and would pray for issuance of direction to the respondent authorities. 3. Considering the submission and fact that though the leave encashment amount sanctioned, the same has not been paid to the petitioner, though this is a fit case where penal interest can be imposed, but looking to the facts and circumstances of the case and the fact that the respondent authority is having some financial crisis, no penal interest is imposed, but it is directed that within a period of one month from the date of receipt of a copy of this order, leave encashment amount shall be released to the petitioner without any delay. 4. It is made clear that if the respondent authority fails to comply with the order, then it will be viewed seriously by this Court. 5. With the aforesaid observation and direction, this writ petition (s) is disposed of. Sd/- (Narendra Kumar Vyas) Judge santosh