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2025 DAILYLAW 10575 (CHH)

SMT. GOMTI BAI SAHU v. STATE OF CHHATTISGARH

WPS/1697/2025 · 2025-03-07

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:11499 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1697 of 2025 1 - Smt. Gomti Bai Sahu W/o Shivdayal Sahu Aged About 67 Years R/o 281 Gandhi Nagar, Post Sukuma Distt. Sukuma C.G. 2 - Bhima Sodi S/o Hidma Aged About 67 Years R/o Boyaras Korra, Konta, Distt. Sukuma, C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Public Works Department, Mahanadi Bhawan Mantralaya, New Raipur, Atal Nagar, District Raipur, C.G. 2 - The Engineer In Chief Public Works Department District Raipur, C.G. 3 - The Chief Engineer (Administration) Public Works Department, District Raipur, C.G. 4 - The Chief Engineer Public Works Department, Jagdalpur Dist. Bastar, C.G. Digitally signed by RAGHVENDRA JAT 2 5 - The Superintendent Engineer Public Works Department, Jagdalpur District Basatar, C.G. 6 - The Executive Engineer Public Works Department, (Bh/sa) Sukuma Division Distt. Sukuma, C.G. 7 - Divisional Joint Director, Treasury Account And Pension Bastar Division, Jagdalpur Distt. Bastar, C.G. ... Respondent(s) For Petitioner(s) : Mr. Vikas A. Shrivastava, Advocate. For Respondent(s)/ State : Mr. S. S. Choubey, Panel Lawyer. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 07/03/2025 1. By way of this writ petition, the petitioners have prayed for following reliefs:- “10.1 To issue an appropriate writ or order to direct the respondent's authority to grant the benefits of leave encashment in favour of the petitioners. 10.2 Any other relief deemed fit in the facts and circumstances including award of cost of the petition may also be granted. An affidavit in support of the petition is filed herewith.” 2. Learned counsel for the petitioners submits that petitioners were initially appointed as Gang Labour under the respondent No. 1/ Public Works Department and upon attaining age of 3 superannuation the petitioners have been retired from services as regular employee. He further 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 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 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 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 (Supra), their claim 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 4 said representation. 6. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat