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2025 DAILYLAW 10965 (CHH)

HARIPAD SARKAR v. STATE OF CHHATTISGARH

WPS/1655/2025 · 2025-03-06

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:11073 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1655 of 2025 1 - Haripad Sarkar S/o Late S.C. Sarkar Aged About 64 Years R/o Ward No. 7 Khaikatta Kanker District -North Baster Kanker (C.G.) 2 - Bhagwani Ram Yadav S/o Late Ghasiya Ram Yadav Aged About 73 Years R/o Ward No. 7 Khairkatta Kanker District - North Baster Kanker (C.G.) 3 - Kanval Singh W/o Late Dhaniram Aged About 75 Years R/o Village Padampur House No. 44 Ward No. 11 Kanker District - North Baster Kanker (C.G.) ... Petitioner(s) 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.) ... Respondent(s) For Petitioner(s) : Mr. Rahul Singh, Advocate on behalf of Mr. Somkant Verma, Advocate For Respondent(s) : Mr. Sabyasachi Choubey, Panel Lawyer Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 06/03/2025 1. Heard Mr. Rahul Singh, learned counsel petitioners as well as Mr. SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 Sabyasachi Choubey, learned Panel Lawyer for State/respondents. 2. By way of this writ petition, the petitioners have prayed for following reliefs: “10.1. The Hon'ble Court may kindly be pleased to issue an appropriate writ, thereby direcitng 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 & Ors. Vs. State of Chhattisgarh), within stipulated. 10.2. Any other relief, which this Hon’ble Court may deem fit.” 3. Learned counsel for the petitioners submits that the respective petitioners were initially appointed on temporary basis on the post of Unskilled Labour in the Public Works Department. Petitioners were discharging their duty up to the satisfaction of their superior authorities without any complaint and subsequently, they have become permanent employees and have retired from their services. During their service, the petitioners have performed their duties and obligations bestowed upon them with utmost sincerity and to the best of their capabilities with an unblemished service record. 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 petitioners are 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 petitioners have 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 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 (surpa), their claims 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 petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Dey