@ IN THE HON'BLE HIGH COURT OF JUDICATURE AT BILASPUR (C.G.) WRIT PETITION N0.§i3 I2006. K. 0e$ PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION 06’ OF iNDiA FOR ISSUANCE OF APPROPRIATE WRIT. ORDER AND DIRECTION. ' ‘PETlTlONER '. Pardesi Das Manikpuri “.1 Son of Late Shri Dharam Das Manikpuri \mggy6N' a“! aged about65 years / W/Kwoa4‘ ‘5 Retired Asstt. Sub lnspegtggfglQgw wapw§aL..... R/o Kera Road SHivrinarayan ,...a:\,$¢‘ 0/ " Distt. Janjgir—Champa (C.G.) VQ"? m9 Q\§§v y . ‘ $9 VERSUS Q\$&iv RESPONDENTS : The State of Chhattisgarh, Through it's Secretary Department of Home, D.KSS. Bhawan, Raipur (C.G.) 2. Director General of Police (v. State of Chhattisgarh ' Raipur (C.G.) Joint Director Treasury Accounts and Pension Bilaspur Division Distt. Bilaspur (C.G.) Superintendent of Police ' ’(‘j-" District Janjgir—Shampa (CG) u XI-HC—78 . LAM/6‘ XWM mm m; 200 WW(W) WWW WWW ‘asmfwhqw%i?s\2w%1§1t matmm aawm l“ 26.6.2006 5hri Sameer Behar, Advacufe for The pefi‘rioner. Shri Safish Gup’ra, Dy. Gnver'nmen‘r Advoca‘re for The Sfa're. Heard finally. Refurn has already been filad on behalf of The responden'rs. By fhis wri‘r pe'rh‘ion flag; pe'ri‘rioner- has sougPn‘ an order agains'r ‘H'Ie respondenfs fha‘r 'rh'ey sh uld granf him The leave encashmenf and grafuify amourw wifh interest The case of The pe'ri‘r oner is fhaf he was working as Sub Inspecfar in fhe Police Depar‘ men‘l‘ and he was refined from Disfricf Janjgir-Champa on 30.6.2001. he furfher case of fhe peii‘rioner is Thai no depar‘imen‘ial enquiry was p nding againsf him, however, fhe Special Police Esmblishmenf Office f Lokayuk‘l' had regisfered a Crime No.7/OO under lhe ?reven1ion Corrup‘rion Acf againsl’ +he peTiTioner and af‘i’er inves'riga‘l’ion nega'riv reporf was submi‘Hed, buf 'lhe learned Trial courl’ did nof accepf he repori and “rook 'rhe cognizance. Therefore, 'ihe pe‘l’i'rioner is n‘rifled for gmfui‘iy, pension and leave encashmem' amount ' Learned counsel for ihe efi'l'ioner submh‘s Thm‘ GPF amoun‘i has k: already been paid and 90% pe sion is being paid To fhe pefi‘rioner; % now only dispu‘re remains rega ing 'l'he paymenf of grafuify and leave encashmen'i. XI—HC-78 mm ............. ........ m 200 klii‘gg ' mmwafawx) WWW wmm mwm !A mw§ww kwm As far as ’rhe grafuify of C.G. Civil Services (Pension for paymen'r of grm‘ui‘ry am finahzafion of fhe case pen: paymen? of Ieave encashmem of 1976, as The leave encash leave of The governmenf emph resporkien‘i‘S are no? eniii’led To wii'hhold ihe benefii of leave encoshmien‘l' and as such, respondenfs are direcied v ‘io sancfion +he leave encashrr under ihe Rules. Wi‘rh The direc‘l’ion afoi iesaid, ihe peii‘iion stands disposed of. )yee. In fhe circumsfances, ls concerned, as per sub-rule (c) of Rule 64 ) Rules, 1976 fhe petitioner is no? eniiiled ounf and fhai has 'l‘o be decided afier' ling agains‘r The pe‘i’ifioner. As for as ‘Hqe is concerned, were is no bur in The Rules mem‘ is being granfed againsf fl‘ie earned Consequenily, M.(W.)P. Nam/06 sfands disposed of‘ Certified copy as per rL lles. en? fo ihe pefifioner, as admissible +0 him \ l Sci/- l L.C. Bhadoo l Judge l