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2026 Supreme(Online)(Chh) 14773

HIGH COURT OF CHHATTISGARH AT BILASPUR
Parth Prateem Sahu, J
HETRAM PATEL – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
WPS No. 3646 of 2026



Advocates:
For the Appellants/Petitioners: Dushyant Dayal
For the Respondents: Hari Om Rai

The court directed the respondents to consider and decide upon the petitioner's representation regarding unpaid leave encashment and salary after retirement and to disburse the computed amount if no legal impediments exist.

Headnote:(A) Service Law - Retirement Benefits - Leave Encashment - Non-payment of computed leave encashment and salary after retirement warrants a direction to the authorities to decide on the representation and disburse the amount if no legal hurdle exists. (Para 6)

Issues: Whether the petitioner is entitled to the disbursement of computed leave encashment and salary after retirement.

Table of Content
1. claim for unpaid leave encashment and salary after retirement. (Para 1 , 2 , 5)
2. submissions by parties and court hearing. (Para 3 , 4)
3. direction to decide representation and disburse dues. (Para 6 , 7)

Order on Board

1. Petitioner has filed this writ petition seeking following reliefs:-

“10.1. That, the Hon’ble Court may kindly be pleased to call for the entire records of the case.

10.2. That, the Hon’ble Court may kindly be pleased to issue a suitable writ for directing the respondents to immediately release the 240 days leave encashment, amount of Rs.696456/- (Six Lakhs Ninety Six Thousand Four Hundred Fifty Six only) & salary from March 2025 to 31 May, 2025 to petitioner with interest.

10.3.Cost of the petition may also be granted to the petitioner.

10.4. That, any other relief which the petitioner is entitled and this Hon’ble Court deems it fit may kindly, be granted to the petitioner.”

2. Learned counsel for the petitioner submit that the petitioner while working on the post of Assistant Revenue Inspector stood retired from service on 31.05.2025. He was paid part of retiral dues, however, the petitioner was not paid benefits of the leave encashment of 240 days for which petitioner is entitled for. He also contended that at the time of transferring the payments of the retiral dues to the petitioner, the respondent authorities have computed the said amount as Rs.6,96,456/- under signature of the respondent No.4. Copy of which is enclosed alongwith the writ petition. He next contended that petitioner has submitted representation for disbursement of the amount as computed against the leave encashment, however the representation is not considered and decided. As of now the petitioner has not been paid said amount even-after more than 10 months and therefore direction be issued to the respondent No.3 to take decision on the representation and to disburse the amount due to the petitioner towards leave encashment.

3. Counsel for the State submits that grievance of the petitioner is against the respondent No.4 for whom he is not appearing.

4. I have heard learned counsel for the respective parties.

5. The claim of the petitioner is that the petitioner has not been paid amount towards leave encashment after his retirement on 31.05.2025. Petitioner has enclosed the copy of computation sheet of amount to be paid to the petitioner towards leave encashment as Rs.6,96,456/-.

6. In the aforementioned facts of the case, I find appropriate to dispose of this writ petition at motion stage without issuing notice to respondent No.3 to consider and take decision on the representation submitted by the petitioner in accordance with law, expeditiously preferably within further period of four months from the date of receipt of the order and if there is no other hurdle otherwise for payment of leave encashment amount as computed or entitlement of the petitioner than the said amount be disbursed in favour of petitioner expeditiously.

7. With the aforesaid observation and direction, this writ petition stands finally disposed of

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