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2025 DAILYLAW 10007 (CHH)

SMT. RAMBATI BAI v. STATE OF CHHATTISGARH

WPS/1483/2025 · 2025-02-27

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:9876 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1483 of 2025 1 - Smt. Rambati Bai W/o Late Shri Gangaram Aged About 65 Years Occupation - Retd. Helper Public Health Engineering Department, Jagdalpur R/o. Tetarkhutipara, Chhatrapati Shivaji Ward No. 35 Jagdalpur, Distt. - Baster (C.G.) 2 - Narsuram Patel S/o Late Shri Samu Patel Aged About 65 Years Occupation - Retd. Driver Public Health Engineering Department, Jagdalpur, R/o. Govind Singh Ward No. 36, Dandabadi Para Jagdalpur, Distt. - Baster (C.G.) 3 - Sukaluram S/o. Late Shri Nadguram Aged About 65 Years Occupation - Retd. Pump Operator Public Health Engineering Department, Jagdalpur, R/o. Patharli Udwa Chitapur, Baster, Distt. - Baster (C.G.) 4 - Bharat Kumar Sharma S/o Shri Ramkripal Sharma Aged About 64 Years Occupation - Retd. Driver Public Health Engineering Department, Kanker, R/o. Imlipara Shriram Nagar Ward, Kanker, Distt. - North Baster Kanker (C.G.) 5 - Deviram S/o Shri Kamlochan Aged About 72 Years Occupation - Retd. Chowkidar Public Health Engineering Department, Jagdalpur, R/o. Village - Kudalgaon Post Kachnar, Distt. - Baster (C.G.) VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 6 - Piyush Kanti Dutta S/o Shri Manendra Lal Dutta Aged About 73 Years Occupation - Retd. Time Keeper, Public Health Engineering Department, Jagdalpur, R/o. Bardebhata, Jhuriyapara, Kanker, Distt. - North Baster Kanker (C.G.) ... Petitioners versus 1 - State Of Chhattisgarh Through The Secretary Public Health Engineering Department, Mantralaya, Mahanadi Bhawan, Capital Complex, Atal Nagar Naya Raipur, Distt. - Raipur (C.G.) 2 - Executive Engineer Public Health Engineering Department Jagdalpur, Distt. - Baster (C.G.) 3 - Assistant Engineer Sub-Division Public Health Engineering Department Jagdalpur Distt.- Baster (C.G.) 4 - Joint Director Treasury Accounts And Pension, Division Jagdalpur, Distt.- Baster (C.G.) ... Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioners :- Mr. Rajendra Patel, Advocate For State :- Mr. Abhishek Gupta, P.L. ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 27.02.2025 1. By way of this writ petition, the petitioners have prayed for following reliefs:- “10.1 That this Hon'ble Court may kindly be pleased to Call for the entire record relates to petitioners for kind perusal of Hon'ble court. 10.2 That this Hon'ble Court may kindly be pleased to issue an appropriate writ commanding and directing 3 the respondents to release the amount of leave encashment forthwith, with appropriate rate of interest. 10.3 That this Hon'ble Court may kindly be pleased to issue an appropriate writ by commanding and directing the respondents to consider and decide the petitioners claim in light of the Circulars as well as decision of this Honble court. 10.4 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner together with cost of the petition.” 2. Learned counsel for the petitioners submits that petitioners are retired employees of the respondent department, who were working as class-IV employees in the Public Health Engineering Department. He submits that in the light of judgment passed by this Court in Writ Petition (S) No.3870 of 2021 (Faguvaram Patel & Ors. Vs. State of Chhattisgarh & Ors.) and other connected matters decided on 30.09.2022, the petitioners were entitled for leave encashment. 3. Learned State counsel submits that sufficient documents have not been filed by the petitioners and it is also not reflected as to whether the petitioners have completed the minimum period of the service to avail the benefit of leave encashment. 4. I have heard learned counsel for parties and perused the documents available in record. 5. Be that as it may, without commenting anything on the merits, this petition is disposed off giving liberty to the petitioners to make 4 detailed representation before the concerned respondent / competent authority within the period of ‘30 days’ from the date of receipt of copy of this order with all necessary documents to substantiate their claim. In the event of filing of representation, on due verification, if the petitioners are found to be similarly situated persons, as in the case of Faguvaram Patel (supra), their claim shall be decided by the respondents in light of judgment of Faguvaram Patel (Supra) expeditiously preferably within a period of ‘90 days’ from the date of submission of the said representation. 6. Accordingly, this petition stands disposed off with aforesaid observations and directions. sd/- (Amitendra Kishore Prasad) Judge Vishakha