^. HIGH COURT OF CHHATTISGARH AT BILASPUR Coram: Appellant Petitioner Respondents Hon' bIeShri Dhirendra IVIishra, & Hon' ble Shri R.N. Chandrakar, JJ Writ Appeal No. 121 of 2010 Smt. Swapna Lahari w/o. Shri A.K. Lahari, aged about 68 years, r/o. Godripara, Chirimiri, Distt. Korea (CG)/ Vs. 1. State of Chhattisgarh through the Secretary, Department of Higher Education, D.K.S. Bhawan, Mantralaya, Raipur(CG). 2. Smt. Aarti Tiwari, Principal, Government Lahari College, Chirimiri, Distt. Korea (WritAppeal u/S. 2(1) ofthe Chhattisgarh High Couri: (Appeal to Division Bench) Act, 2007 Present: Shri Suni] Otwani, counsel for the appellant. Shri A.S. Kachhawaha, Deputy Advocate General for the State. ORAL ORDER (Passedon 04-03-2011) Per Dhirendra Mishra, J. 1. Theinstant writ appeal is directed against the order dated 22-02-2010 passed in Writ Petition (S) No. 4512 of 2009, whereby the petitioner's writ petition for a direction to the respondents to make payment of the balance leave encashment for 113 days with interest, has been dismissed. 2. Shri Sunil Otwani, learned counsel appearing for the appellant submits that as per order dated 8-2-2008 passed by this court in Contempt Petition No. 252 of 2007, the High Power Committee vide its order dated 28-8-2008 set aside the recovery order dated 13-8-2008 passed by the Joint Director on the ground that the same was passed '^.. ~A 4. without affording an opportunity of hearing to the appellant herein. However, liberty was reserved to issue fresh recovery order after following the procedure prescribed and affording an opportunity of hearing to the appellant. It was further observed that in case no decision is taken within three months after due enquiry, in that case 15 days thereafter the appellant shall be entitled for leave encashment which has already been decided by the State Government. He further submits that the State Government passed the order dated 27-7-2004 (Annexure P/13 filed along with rejoinder in the writ petition) and granted approval for payment of leave encashment for a period of 240 days. However, the appellant has been paid only leave encashment for a period of 127 days. The respondents have not passed any fresh order as per directions of the High Power Committee dated 28-8- 2008 within a period of three months as directed and in these circumstances the appellant is entitled for leave encashment for remaining period of 113 days. However, in the impugned order, the aforesaid aspect has not been considered by learned single Judge. On the other hand, Shri A.S. Kachhawaha, learned Deputy Advocate General for the State, after instructions from the authorities, fairly submits that no fresh order has been passed as per directions of the High Power Committee within the stipulated time. He also does not dispute that the State Government vide order dated 27-7-2004 (Annexure P/13) has held that the appellant is entitled for leave encashment for a period of 240 days. We have heard learned counsel for the parties, perused the pleadings iri the writ petition and the documents appended therewith. The matter was considered by the High Power Committee constituted in pursuance of the directions issued by this Court in Contempt Petition ^l' (^^ jf. ,{>•" 'l '•f • \s: 1. 6. No. 252 of 2007 and the recovery order issued by the Joint Director was set aside by the High Power Committee and the authorities were further directed to pass fresh order after affording an opportunity of hearing to the appellant herein within a period of three months. However, admittedly no fresh order has been passed by the respondents authorities within the stipulated period as directed by the High Power Committee. In these circumstances and in admitted premises, the appellant is entitled for leave encashment of 240 days as ordered by the State Government vide order dated 27-7-2004 (Annexure P/13). Since the appellant has been paid only leave encashment of 127 days, the appellant is held to be entitled for leave encashment for remaining period of 113 days. Iri the result, the appeal is allowed to theabove extent by setting aside the order dated 22-2-2010 (Annexure P/1) passed by learned single Judge. Sd/- Dhirendra Mishra Judge Sd/- R.N. Chandrakar Judge