c IN THE HISH 050RT OF JUDIcaiURE &T BILiiSPBR(CHHATTISGARH) Writ Petitioa tte. -L8>J-Oof 2002 PETITIONER i K.PoTJ.wari son o£ Shri S.L.Tiwarl, aged about 61 years,Retired ^ddltional Exeeutive Engineer, resident o£ C-59,Agyeyanagar,Btlaspur (C.G. ) VE R S US RESPONDENTS' 0^<,.-^ ^f^ .-.^-""^^^.^ .'••••"^-T^->"'Q':U'1 ^'.^^'A'"'7' ..(*-•" (..- '^s--"" ^^ s 1. Chhattisgarh State Electrlcity Board.Raipur, tbrough its Secretary at Da,iganya,Ralpur(C.G.) s 2. The Ctiief Engineer, C.S.E.B. Bilaspur. ;^3. The Sentor Accounts Officer, C.S.E.B.Bilaspur. A'f WRIT PBTITION UNDER ARTICXBS 2267227 OP THE CONSTrrUTION OP INDIA.. XI-HC-78 aii^T^irRHi* craTsn^rstiiiiti H1+IW StrKI^ 'S^ •^WW<i, Vr^WW, Rfdiyy .'^f..^..\.9.l.?.i ¥PT 200 Z- 3ll^l 4a<h ('^3^8'r) ?:RiraTnf?cT3n^r Cdunsel Q4.10.2QQ6 Shri Sameer Behar, Shri P.S. Kosby, Electricity Board (responden^ None for respondents Heard finaUy with the Order dictated as foUo^rs Paa^l iho OltAL ORDBR (0 .10.30061 By way of this Writ P^l the Constitution oflndia, th^ to the respondents to releas^ fhe balance period of56 day( work char^ed estabUshinent benefits. The brief facts are thd.t C.S.E.B. has superanuuated| Engineer on attaiaing tfie a^i After his retireuient, he app^ied 236 days. The appUcation t Bilaspuron 22.01.2001 vide| 12.2.2001 vide Aimexure P-t was sanctioned. It is statel basis of the letter of Seniorl dated 17.1.2001 (Annexure ^ ^raferfh'WRTT if fec^-^RZTC ^3Tf^lT3T^RT for the petitioaer. Lawyer for-the Chhattisgarh State No.l), >.2 & 3 (though served). ;onsentofthe parties. itition ffled under Article 226/227 of ; petitioner has prayed for a direction : fhe paynient of leave encashinent of 3 to him by calcuJating his services on for the piu-pose of grant of pensionaiy the petitioner, who was workiag ia from the post ofAdditioiial Executive e of superannuation on 31/12/2000, for grant of teave encashment for was forwarded by the S.E., C.S.E.B., Aanexure P-1, but by the order dated 2, only 180 days of leave encashiuent 1 that the said sanction was on the Accounts OfBcer, C.S.E.B., Bilaspur •-3). _—----- XI-HC-78 +11H?11 !;»itn<» 3^ ^qraRPT, ®Tnw'li»,Rtdiyy —...iA/.r°.-..l?.lo./^2r •/• ^ 200 sn^r'ra^i'(l^fgg^T) sn^rwfeN) gsiTSfT^Tshiiicb TOfiw fflta'3fi^r •2_ 'ni<ilci<n'l lllMT^''te^|'<R)+dl< ^; srf^tiT snSsr Khe chanfeed Before me, leamed there are various decisionsl Pradesh High Court, in whi<| rendered by the einployee counted foi the purpose^ encashineat etc. He refers is an order passed in a Wri^ Pradesh filed alongwifh I.A^ order dated 29/1/2002 relating to M.P.E.B. by (Annexure P-5), ia whichj rendered in the work as fhe quatifying service (Peasion) Rules 1976. For the present, that this petition inay be| petitioner to file a detailed concemed authority aad thji to dispose of his represe^ granted by this Court. This limited prayer| petitioner is not Tbe ssccae is atlowed. The petition is finaUy| advised, the petitioner inay| concemed authorify of the ^ colansel for ftie petitioner contended that of fhe Division Bench of the Madhya k|;h, it has heen decided that the seryice |as a work charged eiaployee will be of pension, fanuty pension, leave 1:0 the docunient Annexure D-2, which Petition by the High Court of Madhya No.4899/2004. He also refers to the pfassed in a bun.ch of Writ Petitioas High Court of Madhya Pradesh it has been held that the service establishinent sball be considered Rule 12 ofthe M.P. Civil Services utider leataed counsel fbr the petitioner piays disposed of with a direction to the ijepresentation in ttus regard before the coiicemed aufhority be also directed represefritation wifhin the stipulated period madc by learaed counsel for the opposed byj leamed counsel for C.S.E.B. disposed ofwith a direction that if so ple a detailed representation before the (espondents withia a period pf 3 weeks Tes o XI-HC-78 3II^T9iTR-fi<ib cfSTT 3{J^T shH shyna. 3^T'<ii^iwi,»Tn*i'i<o,Rtcfiy^ w^r^w.^^^/^w 3TI^?T CRIW (lyi^al^lST) 200 ?^ITW flfer sn^T presei(itation fi-oin today alongwifh fhe copy of fhis Writ Petition 4 and if such a representatio^ dispose of the same in a4 points raised in the represeij] withiu a period of 6 week) represcntation. Needleas to einph^! respondeiits shafl keep in poiat, which have been The petition stands In view of the abovij; interim relief, I.A. No.4899t respondents and I.A. No.9; disposed of. c|ertified copy of this order and also a 4&d other decisions on the said point is ffled, JIie concemed authority shaU objective niaiuier answering all the ;i|itation, as early as possible, prefeiabty flx>m the date of fiUng of the said iinph^s BtLUK refeb'ed +l<lFcl'i|1-) tll^d1'fffei^<Rlt<:K A ^srf^iran^T iize that the aufhorities of the Btiiud the earlier decisioas inade on fhis to above in this order. fijiatly disposed of. (:, M.(W.)P. No.873/2002 for grant of ^2004 for appropriate direction to the [31/2006 for out of tum Usting stand ___/-„- . -. -..--—-— -•- Sd/- Sunil Kumar Sinha Judge