1 2025:CGHC:10344 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1492 of 2025 Smt. Biram Bai W/o Late Shri Kumar Sahu Aged About 53 Years R/o Pwd Colony, I-01, Civil Line, Near Rajbhawan, Raipur, Distt - Raipur Chhattisgarh ... Petitioner versus 1 - The State Of Chhattisgarh Through Secretary, Public Works Department, Mahanadi Bhawan, Nava Raipur, Distt - Raipur Chhattisgarh 2 - Engineer In Chief Public Works Department, Nirman Bhawan, North Block, Capital Complex, Nava Raipur, Distt - Raipur Chhattisgarh 3 - Chief Engineer Public Works Department, Raipur Circle, Civil Lines, Near Akashwani, Raipur, Distt - Raipur Chhattisgarh 4 - Superintending Engineer Public Works Department, Raipur Circle, Civil Lines, Near Akashwani, Raipur, Distt - Raipur Chhattisgarh 5 - Executive Engineer Public Works Department, Vidhansabha Division, Raipur, Distt - Raipur Chhattisgarh 6 - District Treasury Officer District Treasury Office, Raipur, Distt - Raipur Chhattisgarh ... Respondents For Petitioner : Mr. Rajnish Singh Baghel, Advocate For State/Respondents : Mr. Akhilesh Kumar, G.A. Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 03.03.2025 1 Heard Mr. Rajnish Singh Baghel, learned counsel for the petitioner and Mr. Akhilesh Kumar, learned Government Advocate, appearing for the State/respondents. YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.03.05 14:59:47 +0530 2 2 This petition has been filed by the widow of original employee of the respondent-Department, with the following relief(s):- “10.1 That, Hon’ble Court may kindly be pleased to call for the records of the case from the Respondent Authorities. 10.2 That, Hon’ble Court may kindly be pleased to direct the Respondent Authorities by issuance of appropriate writ/writs, order/orders, direction/directions to grant leave encashment and interest over it for the delay in payment. 10.3 That, Hon’ble Court may kindly be disposed off this petition in the light of Judgment delivered in WPS No.3870/2021 by this Hon’ble Court (Annexure P/4). 10.4 Any other relief, including the cost of this petition, as it appears to be fit and appropriate to this Hon’ble Court.” 3 Learned counsel for the petitioner submits that petitioner is widow of retired employee of the respondent department, who was worked charged employee and later, his services were regularized. 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 decided on 30.09.2022, the petitioner is entitled for leave encashment. 3 4 Learned State counsel submits that sufficient documents have not been filed by the petitioner and it is also not reflected as to whether the petitioner has completed the minimum period of service to avail the benefit of leave encashment. 5 I have heard learned counsel for parties and perused the documents available in record. 6 Be that as it may, without commenting anything on the merits, this writ petition is disposed of giving liberty to the petitioner 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 his/her claim. In the event of filing of representation, on due verification, if the petitioner is found to be similarly situated persons, as in the case of Faguvaram Patel (supra), his/her 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 said representation. 7 Accordingly, this writ petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Yogesh