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2025 DAILYLAW 10407 (CHH)

DHANIRAM GOND v. STATE OF CHHATTISGARH

WPS/1615/2025 · 2025-03-05

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:10745 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1615 of 2025 1 - Dhaniram Gond S/o Laxman Gond Aged About 65 Years Retired Labour From Office Of Executive Engineer, Water Management Division Rudri, R/o Village Barari, Tahsil Arjuni, District Dhamtari, Chhattisgarh. 2 - Sahdeo Ram S/o Manglu Ram Gond Aged About 64 Years Retired Chowkidar, From Office Of Executive Engineer, Water Management Division Rudri, R/o Village Markardona, Tahsil Nagari, District Dhamtari, Chhattisgarh. 3 - Surja Bai Sahu W/o Late Sampat Sahu Aged About 63 Years R/o Village Ward No. 38 Rudri, District Dhamtari, Chhattisgarh. Petitioner Is Legal Heirs Of Deceased Employee Sampat Sahu (Chowkidar) 4 - Smt. Udiya Bai W/o Late Permanand Aged About 61 Years R/o R S P Colony General, Tahsil And District Dhamtari, Chhattisgarh. The Petitioner Is Legal Heirs Of Deceased Employee Parmanand (Sweeper) 5 - Smt. Chandrakala Netam W/o Late Chhagelal Dhruw Aged About 63 Years Retired Labour From Office Of Executive Engineer, Water Management Division Rudri, R/o Village Mudpar, Tahsil And District Dhamtari, Chhattisgarh. 6 - Madhulal Namdev S/o Alha Namdev Aged About 61 Years Retired Wireman From Office Of Executive Engineer, Heavy Machinery Division Rudri, R/o Bramhanpara, Dhamtari, Tahsil And District Dhamtari, Chhattisgarh. 7 - Kunwar Singh S/o Murha Singh Aged About 75 Years Retired Chowkidar From Office Of Executive Engineer, Heavy Machinery Division Rudri, R/o Dubanpara, Rudri, Tahsil And District Dhamtari, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Water Resources Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh. 2 - Engineer In Chief Water Resources Department, Shivnath Mandal, North Block, Sector 19, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh. 3 - Chief Engineer Mahanadi Jalashay Pariyojna, Water Resources Department, Raipur, District Raipur, Chhattisgarh. Digitally signed by SHAYNA KADRI 2 4 - Executive Engineer Water Resources Management Division Rudri, Dhamtari, District Dhamtari, Chhattisgarh. 5 - Executive Engineer Heavy Machinery Division Rudri, Tahsil And District Dhamtari, Chhattisgarh. 6 - Executive Engineer E/m Heavy Machinery Division Rudri, Tahsil And District Dhamtari, Chhattisgarh. ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Mr. Bhupendra Shrivas, Advocate For State/Respondent(s) : Mr. Abshishek Gupta, Panel Lawyer Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 05/03/2025 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 issue the direction for the respondent authorities to grant the benefit of leave encashment.” 2. Learned counsel for the petitioners submits that petitioners No. 1, 2, 5 to 7 and husband of petitioners No. 3 and 4 were work charged contingency paid employees in the respondent department. During their service, they have performed their duties and obligations bestowed upon them with utmost sincerity and to the best of their capabilities with an unblemished service record. 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 3 decided on 30.09.2022, the petitioners are 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 No. 1, 2, 5 to 7 and husband of petitioners No. 3 and 4 have completed the minimum period of 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 of giving liberty to the petitioners to make 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 (surpa), their claims shall be decided by the respondents in light of judgment of Faguvaram Patel (Supra) expeditiously preferably within the period of ‘90 days’ from the date of submission of the said representation. 6. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Shayna