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2025 DAILYLAW 10845 (CHH)

BOHRAN SINGH HALBA MAHLA v. STATE OF CHHATTISGARH

WPS/1658/2025 · 2025-03-06

Shri Amitendra Kishore Prasad

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:11135 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1658 of 2025 1 - Bohran Singh Halba Mahla S/o Late A.R. Mahla Aged About 63 Years R/o House No. 99 Ward No. 04 Khaspara Chawadi District - North Baster Kanker (C.G.) 2 - Ramdyal Netam S/o Late Rainu Ram Netam Aged About 66 Years R/o House No. 119 Ward No. 09 Devgaon District - North Baster Kanker (C.G.) 3 - Basant Kumar Nag S/o Late M.R. Nag Aged About 64 Years R/o Mandali Para Devgaon District- North Baster Kanker (C.G.) 4 - Sukhdev Mandavi S/o Late A.R. Mandavi Aged About 66 Years R/o Khaspara Surahi Narharpur District - North Baster Kanker (C.G.) 5 - Gokul Suryavanshi S/o Late Aanandram Suryavanshi Aged About 70 Years R/o Nakapara Surahi Kanker District - North Baster Kanker (C.G.) 6 - Rajaoo Ram Netam S/o Late Rainu Ram Aged About 73 Years R/o Gram Gitpahar Ward No. 11 Shitlapara District - North Baster Kanker (C.G.) ... Petitioners versus 1 - State of Chhattisgarh Through The Secretary Public Works Department Mahanadi Bhawan Atal Nagar New Raipur District - Raipur (C.G.) 2 - The Executive Engineer Public Works Department (B/r ) Kanker District - North Baster Kanker (C.G.) 3 - Sub Divisional Officr Public Works Department Sub Division Charama District - North Baster Kanker (C.G.) Digitally signed by GOPAL SINGH Date: 2025.03.19 19:57:15 +0530 2 4 - Sub Divisional Officer Public Works Department Sub Division Narharpur District - North Baster Kanker (C.G.) ... Respondents (Cause title is taken from Case Information System) For Petitioners : Shri Rahul Singh, Advocate on behalf of Shri Somkant Verma, Advocate For State : Ms. Apoorva Tiwari, Panel Lawyer Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 06/03/2025 1. By this petition, the petitioners seek the following reliefs: “10.1 That, this Hon'ble court may kindly be pleased to issue an appropriate writ, thereby directing the respondent authorities to grant the benefit of leave encashment of 120 days to the petitioners as per the order dated 30.09.2022 passed by this Hon'ble court in identical case (Faguvaram Patel & others Vs State of Chhattisgarh), within stipulated. 10.2 Any other relief, which this Hon'ble Court may deem fit.” 2. Learned counsel for the petitioners submits that the petitioners are retired employees. They were working as work charged contingency paid employees in the Public Works Department/respondent. It is their claim that in light of the judgment passed by this Court on 30.9.2022 in Writ Petition (S) No.3870 of 2021 (Faguvaram Patel and others v. State of Chhattisgarh and others) and other connected matters, the petitioners are entitled for leave encashment. 3. Learned counsel appearing for the State 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 service to avail the benefit of leave encashment. 3 4. I have heard the arguments raised on behalf of the parties and perused the documents available. 5. Be that as it may, without commenting anything on merits of the case, the instant writ petition is disposed of giving liberty to the petitioners to make a detailed representation before the concerned respondent/competent authority within a period of 30 days from the date of receipt of a 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 authorities in light of the judgment of Faguvaram Patel (supra) expeditiously preferably within a period of 90 days from the date of submission of the said representation. 6. Accordingly, the writ petition stands disposed of with the aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) JUDGE Gopal Singh