1 2025:CGHC:11134 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1649 of 2025 1 - Smt. Daulati Devi W/o Shri Nandkishor Singh Aged About 63 Years R/o Village- Kapsi, Pakhanjoor, Kanker, District- North Baster, Kanker (C.G.) ... Petitioner 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 Petitioner : Shri Rahul Singh, Advocate on behalf of Shri Somkant Verma, Advocate For State : Ms. Akanksha Verma Dabhadker, Panel Lawyer Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 06/03/2025 1. By this petition, the petitioner seeks 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 Digitally signed by GOPAL SINGH Date: 2025.03.18 19:07:00 +0530 2 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 petitioner submits that the petitioner is wife/legal representative of late Nandkishor Singh. Nandkishor Singh was working as a work charged contingency paid employee (Chowkidar) in the Water Resources Department. Initially, he was employed on temporary basis, thereafter, his services were regularised. After completion of age of superannuation, he retired from the services. Now he has expired. The respondents authorities granted pension and gratuity to the petitioner, but, benefit of leave encashment is not granted to her. It is the claim of the petitioner 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 petitioner is entitled for leave encashment. 3. Learned counsel appearing for the State/respondents submits that sufficient documents have not been filed by the petitioner and it is also not reflected as to whether the husband of the petitioner had 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 petitioner 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 her claim. In the event of filing of 3 representation, on due verification, if the petitioner is found to be similarly situated person, as in the case of Faguvaram Patel (supra), her 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