Jagatram Yadav vs State Of Chhattisgarh
2021 Latest Caselaw 2676 Chatt

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                                                                                   NAFR
             HIGH COURT OF CHHATTISGARH AT BILASPUR

                              WPS No. 5340 of 2021

     Jagatram Yadav S/o Late Shri Banau Ram Yadav Aged About 70 Years
     Occupation Forest Watchman (Retired), Resident Of Ward No. 18 Pipe
     Line, Dhegunala, Dabripar, Korba, Tahsil And District Korba Chhattisgarh
                                                                         ---- Petitioner
                                      Versus
  1. State Of Chhattisgarh Through The Secretary, Forest Department,
     Mantralay, Mahanadi        Bhawan,       Atal   Nagar,   District   New     Raipur
     Chhattisgarh
  2. The Chief Conservator Of Forest Bilaspur Circle District Bilaspur
     Chhattisgarh
  3. The Divisional Forest Officer Korba Forest Division, Korba, District Korba
     Chhattisgarh
  4. Joint Director Treasury, Account And Pension, Bilaspur, District Bilaspur
     Chhattisgarh
                                                                   ---- Respondents

For Petitioner : Ms. Laxmeen Kashyap, Advocate.

     For State                    :      Mr. Ayaz Naved, GA

                      Hon'ble Shri Justice P. Sam Koshy
                               Order on Board

04/10/2021

1. The claim of the petitioner in the present writ petition is for grant of benefit

of leave encashment upon the petitioner's superannuating from service on

31.07.2013.

2. Counsel for the petitioner submits that respondents ought to have taken

into account the services as a daily wage employee for claiming the total

length of service for determining the earned leave and other benefits

payable to him including payment of gratuity. Counsel for the petitioner

relied upon the judgment of the Supreme Court in the case of Netram

Sahu v. State of Chhattisgarh decided on 23.03.2018 in Civil Appeal

No.1254/2018 so far as gratuity is concerned.

3. As regards the gratuity part is concerned, this Court in the passed also in a

series of decision have directed the concerned employee to approach the

Controlling Authority under the Payment of Gratuity Act in respect of his

grievance pertaining to the gratuity. The judgment in the case of Netram

Sahu Vs. State of Chhattisgarh decided by Hon'ble Supreme Court also

is one which originates from the order of Controlling Authority. The

petitioner therefore is directed for approaching the Controlling Authority for

ventilating his grievances so far as payment of gratuity is concerned.

4. As regards, the leave encashment part is concerned, let petitioner

approach the respondent no.2 & 3 in respect of his claim for leave

encashment, the respondent authorities shall consider and take

appropriate decision at the earliest preferably within a period of 90 days

from the date of receipt of copy of this order.

5. With the aforesaid observations, the writ petition stands disposed of.

Sd/-

(P. Sam Koshy) Judge Rohit