1 2025:CGHC:20611 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3154 of 2025 1 - Dharamdas Vishwakarma S/o Kapilo Vishwakarma Aged About 63 Years Retired Panchayat Secretary Gram Panchayat Kamrid Janpad Panchayat Baramkela District - Sarangarh Bilaigarh (C.G.) R/o Village Amoda Post Office Lendra Tahsil Baramkela District - Sarangarh - Bilaigarh (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Department Of Panchayat And Rural Development Mantralaya Mahanadi Bhawan Atal Nagar Naya Raipur District- Raipur (C.G.) 2 - Director Directorate Of Panchayat C.G. Vikas Bhawan Ground Floor Sector -19, North Block Nawa Raipur Atal Nagar Raipur District- Raipur (C.G.) 3 - Commissioner Bilaspur Division District - Bilaspur (C.G.) 4 - Collector District - Sarangarh - Bilaigarh (C.G.) SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.05.07 16:18:31 +0530 2 5 - Chief Executive Officer Zila Panchayat Sarangarh - Bilaigarh District - Sarangarh - Bilaigarh (C.G.) 6 - Deputy Director Panchayat Sarangarh Bilaigarh District - Sarangarh- Bilaigarh (C.G.) 7 - Chief Executive Officer Janpad Panchayat Baramkela District - Sarangarh - Bilaigarh (C.G.) 8 - Secretary Gram Panchayat Baramkela District- Sarangarh - Bilaigarh (C.G.) ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri F.S. Khare, Advocate. For Respondent(s) : Shri Sabyasachi Choubey, Panel Lawyer. Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 06.05.2025 1. By the present writ petition, the petitioner is questioning the order (Annexure P/6) dated 02.04.2025, by which the respondents have refused to provide the benefit of Gratuity and leave encashment, pursuance to the circular dated 05.10.2023. 2. Learned counsel for the petitioner submits that the respondent Zila Panchayat has rejected the claim of the petitioner with an observation that the circular on the basis of which the petitioner is claiming the leave encashment and gratuity, the State Government 3 has decided to provide the same to the Panchayat Secretary with effect from 01.10.2023. 3. Learned State counsel submits that there is no illegality in the order dated 02.04.2025 and the petitioner cannot claim leave encashment and gratuity on the basis of the circular dated 05.10.2023, as in the circular itself it has been provided that the circular will be come into effect with effect from 01.10.2023 only, but prior to the said date the petitioner has already been retired from the post of Panchayat Secretary i.e. on 30.05.2023, hence the petitioner is not entitled for the same. 4. 4. I have heard counsels for the parties and perused the pleadings as well as the circular dated 05.10.2023. 5. The State Government has decided to grant gratuity and leave encashment to the Panchayat Secretary with effect from 01.10.2023 as per the circular dated 05.10.2023 and prior to the said date of 01.10.2023, the petitioner has already been retired from the post of Panchayat Secretary, hence there is no illegality in the order dated 02.04.2025, by which the CEO Zila Panchayat has rejected the claim of the petitioner, if the petitioner is aggrieved by the Circular of the State Government, he can challenge the same before appropriate forum. 6. In view of the above, the writ petition is dismissed. Sd/- (Bibhu Datta Guru) Judge Shoaib