Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:11131
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1638 of 2025 1 - Prabhuram Nayak S/o. Late Sukhoo Ram Nayak Aged About 70 Years R/o. Village- Bargari, Ward No. 14, Awaspara, Tahsil- Charama, Kanker, District- North Baster, Kanker (C.G.) 2 - Ratan Singh Sinha S/o. Late Shivram Sinha Aged About 72 Years R/o. House No.- 66, Ward No.-4, Majhapara, Tahsil- Charama, District-North Baster, Kanker (C.G.) 3 - Ramadhar Patel S/o Late Prabhram Patel Aged About 66 Years R/o. House No.-6, Dumali, Kanker, District- North Baster, Kanker (C.G.)
... Petitioners versus 1 - State Of Chhattisgarh Through The Secretary, Water Resource Department, Mahanadi Bhawan,
Atal
Nagar,
New
Raipur,
District-
Raipur
(C.G.) 2 - The Executive Engineer Water Resource Department, Division- Kanker, District- North Baster,
Kanker
(C.G.) 3 - Treasury Officer Treasury Account And Pension, Kanker, 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. Shailja Shukla, Deputy Government Advocate Digitally signed by GOPAL SINGH Date: 2025.03.17 18:34:24 +0530
2 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 consider and grant the benefit of leave encashment 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 employees in the Water Resources Department. 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.
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
3 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