Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:13481
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2646 of 2026 Smt. Sunati Bai W/o Late Samaliya Ram Sahu Aged About 38 Years R/o Village Ward No. 12, Behind Civil Court Ambagarh Chowki, District Mohla- Manpur Ambagarh Chowki (Cg)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Urban Administration And Development Department Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur (Cg) 2 - Director Directorate Of Urban Administration And Development Department Indrawati Bhawan, New Raipur, District Raipur (Cg) 3 - Collector District Mohla-Manpur-Ambagarh Chowki (Cg) 4 - Chief Municipal Officer Nagar Panchayat Ambagarh Chowki, District Mohla-Manpur-Ambagarh Chowki (Cg)
... Respondent(s) For Petitioner :Mr. Anil Tawadkar, Advocate For State :Mr. Hariom Rai, Panel Lawyer S.B.: Hon'ble Shri Parth Prateem Sahu, Judge
Order on Board Digitally signed by PRAVEEN KUMAR SINHA Date: 2026.03.24 10:44:03 +0530
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1. Petitioner has filed this 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 & provident fund within stipulated time to the petitioner with interest, in the interest of the justice. 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 Assistant Revenue Inspector died in harness on 08.12.2022. After death of husband of petitioner, respondent No.4 has disbursed sum of about Rs.10 lakh to petitioner towards death-cum-retiral dues. However, according to his instructions, still remaining amount which is due and payable to petitioner is Rs.4,65,443/- in respect of leave encashment and part of GPF amount. 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.
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4. I have heard learned counsel for the parties and also perused the documents enclosed along with this writ petitioner
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 Assistant Revenue Inspector died in harness and balance amount due and payable to petitioner towards leave encashment is of Rs.2,87,654/- and towards GPF is of Rs.1,77,789/- in total Rs.4,65,443/-. Reason assigned for non-payment of aforementioned amount is - “non-availability of fund”. 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 3 and ½ years 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 and GPF as mentioned in letter dated 09.03.2026 (Annexure P-3), expeditiously, preferably within an outer limit of 2 months from the date of receipt of copy of this order. Sd/-- Sd/- (Parth Prateem Sahu) Judge Praveen