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2026 DAILYLAW 31443 (CHH)

SANTOSH KUMAR SWARNKAR v. STATE OF CHHATTISGARH

WPS/12344/2025 · 2026-08-19

Shri Bibhu Datta Guru

body2026

Judgment text

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1 CGHC010432152025 2026:CGHC:37364 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 12344 of 2025 1 - Santosh Kumar Swarnkar S/o Late Faguwaram Aged About 63 Years R/o Ganganiya Rohanipuram, Near Alpha Palace, Raipur, District- Raipur (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through- Its Secretary, Department Of Urban Administration And Development Mantralay Mahanadi, Bhawan, Nava Raipur, Atal Nagar, District- Raipur Chhattisgarh, 2 - The Director Directorate Of Urban Administration And Development Mantralay Nava Raipur, Atal Nagar, District- Raipur, Chhattisgarh, 3 - The Joint Director Regional Office, Raipur, District- Raipur, Chhattisgarh, 4 - The Municipal Corporation Raipur Through- Its Commissioner, Head Office, Near, Mahila Thana, Raipur District- Raipur (C.G.) 5 - The Nagar Panchayat Devbhog Through- Its Chief Municipal Officer, District- Gariyaband (C.G.) ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Sandeep Dubey, Advocate For State : Mr. Luv Sharma, Panel Lawyer For Respondent Nos.4 : Mr. Pankaj Agrawal, Advocate For Respondent No.5 : Mr. Shikhar Shukla, Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2026.08.20 17:47:20 +0530 2 20/08/2026 1. By the present writ petition, the petitioner has prayed for following reliefs:- “10.1 That, the Hon'ble Court may kindly be pleased to set aside the impugned order dated 30.06.2025 (Annexure-P/1) to the extends of 240 days and direct to respondents to recalculate and pay the surrender earned leave for the period of 300 days. 10.2 That, the Hon'ble Court may kindly be pleased to direct respondents / Municipal Corporation Raipur and Nagar Panchayat Devbhog to release the petitioner's surrender earned leave for the period of 300 days as per the Chhattisgarh Civil Services (Leave) Rules, 2010. 10.3 That, the Hon'ble Court may kindly be pleased to direct respondents to release the undisputed surrender earned leave with 12% interest till the date of releasing the amount. 10.4 That, this Hon'ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.” 2. On the last date of hearing, i.e., 04.08.2026, learned counsel appearing for respondent No.4 had submitted, as stated in its reply, that the leave encashment had been released to the petitioner. However, today, it is submitted that the said statement was made due to some confusion and a typographical error in the reply. Accordingly, learned counsel for respondent No.4 seeks permission to withdraw the said submission. It is, however, submitted that the petitioner is entitled to receive the leave 3 encashment from respondent No.5. 3. Learned counsel appearing for respondent No.5 submits that the leave encashment amount, to the extent the petitioner is entitled thereto, shall be released to the petitioner within a period of three months, in accordance with the prevailing law. 4. Having considered the aforesaid submissions and the facts and circumstances of the case, the writ petition is disposed of with a direction to respondent No.5 to release the leave encashment amount payable to the petitioner within a period of three months from the date of receipt of a copy of this order, in accordance with the prevailing law. SD/- (Bibhu Datta Guru) Judge Amardeep