,I-IIGH COURT OF CHHATTISGARH AT BILASP6R Writ Petition No. 5070 oxzoos ‘ ¥ gETITIONEmg : Praveer Kant Tn‘mqthi, aged about 36 years, son of Shii K.P. Trimothi, Resident of Samara, Post Sanitorium, Gourela, Distt. Bilaspur (CG). VERSUS RESPONDENTS : 1. State of Chhattisgarh through its Secretary, Department of School Education, Mantralaya, Dau Kalyan Singh Bhawan, Raipur (CG). 2. The Additional Collector, Pendra Road, Distn'ct Bilaspur (CG). 3. The Principal, Mishn' Devi Government Higher Secondary School Gourela, Pendra Road, Bilaspur, Distt. Bilaspur (CG). Smt. Meera Muldlatji, Principal, Mishri Devi Government Higher Secondary School Gourela, Pendra Road, Bilaspur, Distt. Bilasput (CG). 5. Smt. Abha Singh (Incharge Principal at the time) Mishri Devi Government Higher Secondary School Goutela, Pendra Road, Bilaspur, Distt. Bilaspur (CG). ' 6. Surendra Singh, President, Class III, Employees Association, Pendra Road. C/o Smt. Abha Singh, Mimi Devi Government Higher Secondary School Gourela, Pendra Road, Bilaspur, Distt. Bilaspur (CG). (WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF mDI-A) (s3: Hon'hie Mr. Satish K. Whoa-i. J.) Present : Shri Rajesh Pandey, Advocate for the petitioner. Shri Ajay DWivedi, Deputy Govt. Advocate for the State/respondent N0. 1 to 3. ' Shri Pankaj Shrivastava, Advocate for the respondent No. 4 to 6. ORAL ORDER (Passed on 1 day ofJuly, 2003) l. The present petition is filed by the petitioner seeking writ/order/direction in the nature of mandamus, directing :the respondent No. 3 to make payment of leave encashment of Rs. 89,904f- from earned leave of 240 days, to the petitioner, with interest. 2; The mother of the petitioner namely Smt. Shanti Trimothi was appointed as Lower ‘Division Teacher on 22.07.1964. She was \\ \ . ,, 2 i ‘ promoted to the post of Upper Division Teacher and postcd at Mishri Devi Government Higher Secondary School, Pendra Road, Bilaspur. She died in hamess on 29.01 .2004. . Learned counsel appearing for the petitioner submits that the petitioner, being son of tho deceased mother, who died in harness, is entitled to leave encashment of Rs. 89,904/. for 240 days. . In reply, the respondents have tiled return indicating that the petitioner has not earned 240 days, but had eamed only 70 days; for which, the payment has been made. . It is not clear from the records as to when leave was surrendered or when leave was taken by the deceased mother of the petitioner; . This involves disputed question of facts. Accordingly, Depaty Director, Education, who is senior omcer, is directed to look into the matter after. giving notice to the petitioner and the respondent No. 3, and further having examinedail the documents, Ross an appropriate order in accordance with law, on its own merit. Needful can be done within a period of eight weeks hom the date of receipt ofa copy of this order. . The petition is accordingly disposed of with the above stated direction. No order asto costs. {to “!§ Sdl- Saush K. Agnihotr‘ a Judge Sahu