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2026 DAILYLAW 18681 (CHH)

SMT. SHARDA DEVI PATEL v. STATE OF CHHATTISGARH

WPS/2728/2026 · 2026-03-23

Shri Parth Prateem Sahu

body2026

Judgment text

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1 / 3 2026:CGHC:13932 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2728 of 2026 • Smt. Sharda Devi Patel W/o Late Ramesh Kumar Patel Aged About 38 Years R/o Village Ward No.11, Patelpara Ambagarh Chowki Tahsil Ambagarh Chowki, District- Mohla-Manpur - Ambagarh Chowki (C.G.) ... Petitioner versus 1. State Of Chhattisgarh Through- Secretary Urban Administration And Development Department Mahanadi Bhawan Mantralaya Naya Raipur District Raipur (C.G.) 2. Director Directorate Of Urban Administration And Development Department Indrawati Bhawan New Raipur District- Raipur (C.G.) 3. Collector District- Mohla-Manpur-Ambagarh Chowki (C.G.) 4. Chief Municipal Officer Nagar Panchayat Ambagarh Chowki District- Mohla- Manpur-Ambagarh Chowki (C.G.) ... Respondents For Petitioner : Mr. Anil Tawadkar, Advocate For Respondent-State : Mr. Shahil Singh, Panel Lawyer Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 24/03/2026 1. Petitioner has filed this writ petition seeking following reliefs. “10.1 That, this Hon’ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner. 10.2 That, this Hon’ble Court may kindly be pleased to direct the respondents authorities to give benefit of leave encashment, gratuity and provident fund within stipulated time to the petitioner with interest, in the interest of the justice. PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 3 10.3 That, any other relief which the Hon’ble Court may deemed fit and proper also be granted to the petitioner, in the interest of justice.” 2. Learned counsel for the petitioner submits that husband of petitioner while working with Respondent No.4/Nagar Panchayat on the post of Timekeeper died in harness on 22.08.2024. After death of husband of petitioner, Respondent No.4 has not disbursed amount towards death-cum-retiral dues in respect of leave encashment, gratuity and provident fund. Petitioner has made oral request, however, request made by petitioner has not been considered and therefore a direction be issued to Respondent No.4 to disburse the pending amount at the earliest within specified time frame. 3. Learned counsel for the State submits that claim of petitioner is against Respondent No.4/Nagar Panchayat for whom he is not appearing. 4. I have heard learned counsel for the parties and also perused the documents enclosed along with this writ petition. 5. Perusal of Annexure P-3 would show that it is letter written by Respondent No.4 to the petitioner mentioning that her husband who was working as Timekeeper died in harness and balance amount due and payable to petitioner towards leave encashment, gratuity and provident fund is of Rs.10,68,096/-. Reason assigned for non-payment of aforementioned amount is - “non-availability of fund”. 6. It is a case where the petitioner has lost her husband and is dependent upon amount of retiral dues, payable to her. From the date of death of her husband now about 1 year and 7 months have already elapsed and therefore in the facts of case instead of issuing notice to Respondent No.4 and seeking reply from them, I find it appropriate to dispose of this writ petition directing Respondent No.4 to pay balance amount due and payable to petitioner towards leave encashment, gratuity and provident fund as mentioned in letter 3 / 3 dated 09.03.2026 (Annexure P-3), expeditiously, preferably within an outer limit of 02 months from the date of receipt of copy of this order. 7. Accordingly, this petition is disposed of with aforesaid observations and directions. Certified copy as per rules. Sd/- (Parth Prateem Sahu) pwn JUDGE