SMT. VIJAYA OTTALWAR (DIED) (Through LEGAL Hiers) v. STATE OF CHHATTISGARH
WPS/22/2025 · 2025-01-07
Shri Amitendra Kishore Prasad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 46660 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46660 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:868
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 22 of 2025 1 - Smt. Vijaya Ottalwar (Died) (Through Legal Hiers) W/o Late Vishwas Ottalwar, (Retired Principal). 1.1 - Vaibhav Ottalwar S/o Late Vishwas Ottalwar Aged About 50 Years R/o Tilaknagar, Bilaspur, P.S.Civil Line, Dist. Bilaspur (C.G.). 1.2 - Utkarsh Ottalwar, S/o Late Vishwas Ottalwar Aged About 46 Years R/o Tilaknagar,bilaspur, P.S.Civil Line, Dist. Bilaspur (C.G).
... Petitioners versus 1 - State Of Chhattisgarh Through Secretary, Department Of Urban Administration And Development Mahanadi Bhavan , Mantralaya, Nava Raipur, District Raipur (C.G.). 2 - Municipal Corporation Through Commissioner, Bilaspur, District-Bilaspur (C.G). 3 - Additional Commissioner, Nagar Palika Nigam Bilaspur, District- Bilaspur (C.G.).
... Respondents For Petitioners : Ms. Deblina Maity, Advocate. For Res./State : Ms. Shailja Shukla, Deputy Government Advocate For Res. Nos. 2 & 3 : Mr. Pankaj Agrawal, Advocate
Hon'ble Mr. Justice Amitendra Kishore Prasad
Order
on Board
07.01.2025
1. The sole grievance of the petitioners, who are legal heirs of original petitioner – Late Smt. Vijaya Ottalwar (Retired Principal, Lal Bahadur Shastri Higher Secondary School, Bilaspur), is that she has not been granted the advantage of leave encashment on her superannuation under
2 respondent No. 2- Municipal Corporation, Bilaspur.
2. Counsel for the petitioners submits that original petitioner namely Smt. Vijaya Ottalwar had retired from the post of Principal on 31st August, 2007 and also expired on 09.11.2018 but neither in her life time nor after her death, the amount of her earned leave / leave encashment has been released by respondents No. 2 & 3/Municipal Corporation, Bilaspur even after several representations made by petitioners No. 1 & 2 being her legal heirs in this regard.
3. Counsel for respondents No. 2 & 3 / Municipal Corporation fairly submits hat the petitioners being legal heirs of deceased-employee are entitled for leave encashment, which has not been given to them, though there is some delay in filing the representation / application for the same, instead of that deceased-employee was entitled for leave encashment, which will be granted to the petitioners being legal heirs of deceased-employee after due verification at the earliest.
4. In view of submission putforth by counsel for the parties and nature of dispute raised, this Court does not intend to keep the petition pending, accordingly ends of justice would meet if the respondents No. 2 & 3 / Municipal Corporation, Bilaspur is directed to consider and decide the representation of petitioners expeditiously, preferably within a period of 60 days from the date of production of copy of this order.
5. With the aforesaid observation & directions, the writ petition stands
disposed off. Sd/- (Amitendra Kishore Prasad) Judge amita Digitally signed by AMITA DUBEY Date: 2025.01.14 08:52:10 +0530