^^ HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETmON CS) No. 1838 of2007 PETmONER ; Smt. Anjum Ishaque, W/o Shri Zia Ishaque, Aged about 67 years, (Reth-ed Priiicipal, Devaki Naadan Municipal Coq)oration Girl's Higtier Secondary School, Bilaspur) Rf'o Opposite Bihai-i Talkies, High Court, Bilaspur (C.G.) VERSUS RESPONDENTS : 1. State of CUhattissarh Ttirough flie Principal Secretar^', Departtnent of Local Self Govemment, Govemmeiit of ClAattisgarh, DKS Bhawaii, Raipur (C.G.) 2. Municipal Corporation, Bilaspur, Through - its ConuTiissioaer, Bilaspur (CG) PETITION UNDER .^RTICLE 226/227 OF THE CONSTrrLTION OF DTOLA. SB: Hon'ble Shri Satish K. Agnihofri^J. Present: Sliri P.S.Koshy, Advocate witli Shri N.N.Roy, Advocate for the .4. Smt. Smita Ghai, Paiiel lav.yer for the State/respoiident No. 1 . Shri A.S.Kachhwaha, Advocate for the respondent No. 2. (Passed on 05U1 day of May, 2009) The petitioner, by tliis petition, seeks following reliefs: "i. 6.5% ailowaiice, upon tlie basic allowance drawn by the petitionerbe given to the petitioner w.e.f. 1.7.1987.the date she joined duty as In-charge Principal of Dr. Ambedkar Munidpal Coipoi-ation Higlier Secondary School, Bilaspur, in compliance ofthe order dated 29.6.87. ii. That the respondent No. 2 may be directed to pay the amount of leave eaeasliment for a total period of 240 days as mentioned in tiie letter dated 7.12.2002. It is submitted that the appellant had eamed leave of 240 days to her credit at the time ofher retirement on 31. 12.2001. iii. Any other relief that this Hon'ble Court may deem fit and Witli regard to leave encashment for a total period of 240 days is concenied, it was considered m W.P. No. 1079/2002. This Court, while passingtheorderon03.01.2006directedthat"therespondeatNo. 1 and 2 are directed to hold DPC within a period of one month fi-om today for obtaming approval of flie State Govemment as on 18.11.1996. The petitioner will be entitled to all Ihe consequential benefits." By non-compliance ofthe order dated 03.01.2006 within the stipulated time, the petitioner filed a contempt petition being No. 94/2006 where "\ 1°'^ also fhe dispute ofnot granting leave encashment was in question. This Court disiiussed the contempt petition holding as under: "6. On perosal ofthe report, it is found that a DPC, as directed by fliis Court, was held on 19.5.2006 and appropriate recommendation for grant of approval was made to the govemment. The govermiient has accorded approval, accordingly and a sum ofRs. 76,171/- as difference ofwages was paid to tfae petitioner on 8 June, 2006 for a period of 5 years, 4 months and 12 days. With regard to the leave encaslnnent for 240 days, it was brought to the notice of this Court that uiider Rule 27 of the Chhattisgarh Civil Sen'ices Rules, 1977 the petitioner is entitled to leave encashment for a period of 105 davs onlv. It is therefore held that the order has been complied with. 4. By the present petition, the petitioner seeks to challenge the order passed in Contempt Petition No. 94/2006 dated 18ih September, 2006, which was filed seeking compliance of tfae earlier order dated 03.01.2006 passed in W.P. No. 1079 of 2002, wherem t!ie subject tnatter was also erant ofleave encashment for a period of 240 days. The petitioner seeks to re-agitate or re-argiie the saine issue which has been settled earlier in W.P. No. 1079/2002 and thereafter, in the order dated 18 September, 2006 passed in Contempt Petition No. 94/2006. 5. So far as prayer clause (i) is concemed, liberty is reserved to the petitioner to file a fresh petition if so advised. The present petition cannot be entertaiaed on the simple ground tliat the question with regard to psymeni ofleave encashment for alleged period of 240 days has been considered earlier in W.P. No. 1079/2002 and in Contempt Petition No. 94/2006. Since the petitioner has not prefeiTed any appeal farther againstthe order dated 18th Septeinber, 2006 and 03rd January, 2006, the orders have attained fmalitv. 6. Accordingly, in view oftfae foregoing, fhe petition is dismissed as not Sd/- Satish K. Agnihotri Judge Anut