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2026 DAILYLAW 26925 (CHH)

BASANT TIWARI v. STATE OF CHHATTISGARH

WPS/5261/2026 · 2026-07-12

Shri Bibhu Datta Guru

body2026

Judgment text

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1 / 3 CGHC010259732026 2026:CGHC:29298 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5261 of 2026 1 - Basant Tiwari S/o Late Kanhaiya Prasad Tiwari Aged About 62 Years R/o House No. 7, RDA Colony Tikrapara, Raipur Chhattisgarh 492001 2 - Johnson Masih S/o Yohan Masih Aged About 67 Years R/o H No. 33/73 Street No. 2 Near Shiv Mandir Rajatalab District- Raipur, Chhattisgarh 3 - Bhupendra Kumar Chandrakar S/o Sankarlal Chandrakar Aged About 67 Years R/o E/63 Sector 5 Devendra Nagar District- Raipur Chhattisgarh 4 - Prahlad Tiwari S/o Basant Kumar Tiwari Aged About 72 Years R/o 54/1125 Near Shriram Health Club, Santivihar Colony, Daganiya, District Raipur, Chhattisgarh 5 - Mrs. Sandhya Mishra W/o Shri Pradeep Mishra Aged About 67 Years R/o Raheja Towar, B- 201, S.S. Town, District Raipur Chhattisgarh 6 - Ajay Kumar Verma S/o C B Verma Aged About 69 Years R/o 957, Navagarh, Behind Pujari School Ward No. 24 District Raipur, Chhattisgarh ...Petitioners versus 1 - State of Chhattisgarh Through Secretary, Department of Housing and Environment, Atal Nagar, Mantralaya, Naya Raipur, District Raipur (C.G.) 2 - Raipur Development Authority Through Its Chief Executive Officer Bhakta Mata Karma Vaivasahik Parisar, New Rajendra Nagar, Raipur, District Raipur, Chhattisgarh ... Respondents For Petitioner : Mr. Gagan Tiwari, Advocate For State/Respondent No.1 : Mr. Luv Sharma, PL For Respondent No.2 : Mr. Animesh Tiwari, Advocate ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2026.07.15 14:40:22 +0530 2 / 3 (Hon’ble Shri Justice Bibhu Datta Guru) Order on Board 13/07/2026 1. By way of the instant petition, the petitioners are seeking a direction towards the respondent authorities to extend the benefit of counting their ad hoc services for the purpose of computation and payment of leave encashment and gratuity as per the provisions of Rule 15-A (v) of the Chhattisgarh Civil Services (Pension) Rules, 1976. 2. Learned counsel appearing for the petitioners submits that the petitioners have submitted a detailed representation before the competent authority claiming the benefit of counting their ad hoc service for the purpose of computation and payment of leave encashment and gratuity under Rule 15-A(अ) of the Chhattisgarh Civil Services (Pension) Rules, 1976 in the light of the judgment dated 08.04.2025 passed by this Court in Writ Petition (S) No. 7090 of 2017. Learned counsel for the petitioner submits that the concerned competent authority may be directed to consider and decide the said representation within a time-bound period. 3. Learned counsels for the respondents, on instructions, submit that if the petitioners' representation is pending consideration, the same shall be considered and decided by the respondent authorities, strictly in accordance with law within a reasonable time. 4. In view of the aforesaid submission made by learned counsels for the respondents, without expressing any opinion on the merits of the claim of the petitioners, the present writ petition is disposed of with a direction to the competent authority/concerned respondents to consider and decide 3 / 3 the representation of the petitioners, if pending, by passing a reasoned and speaking order strictly in accordance with law, keeping in view the applicable statutory provisions, as expeditiously as possible, preferably within a period of 45 (forty-five) days from the date of receipt of a certified copy of this order. 5. It is made clear that this Court has not expressed any opinion on the merits of the claim of the petitioners and all questions are left open to be considered by the respondent authorities in accordance with law. 6. With the aforesaid observation and direction, the writ petition stands disposed of. SD/- SD/- (Bibhu Datta Guru) JUDGE ashu