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2025 DAILYLAW 10968 (CHH)

AGANU RAM SAHU v. STATE OF CHHATTISGARH

WPS/1650/2025 · 2025-03-06

Shri Amitendra Kishore Prasad

body2025

Judgment text

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1 2025:CGHC:11133 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1650 of 2025 1 - Aganu Ram Sahu S/o Late Ramsay Sahu Aged About 66 Years R/o Resham Ward Banha Para, Nathiya Nawagaon, Kanker, District North Baster, Kanker Chhattisgarh 2 - Chitrasen Giri S/o Late Shankar Giri Aged About 74 Years R/o Bhandari Para, Kanker, District North Baster, Kanker Chhattisgarh 3 - Amrit Lal Nagbanshi W/o Late Ram Bilash Nagbanshi Aged About 71 Years R/o Dumali, Chhote Para, Kanker, District North Baster, Kanker Chhattisgarh 4 - Aalam Ali S/o Late Asgar Ali Aged About 70 Years R/o Beside Of Mandi, Subhash Ward, Kanker, District North Baster, Kanker Chhattisgarh 5 - Bhagirathi Patel S/o Late Shyamlal Patel Aged About 69 Years R/o Risewada, Kanker, Post - Amoda, Narharpur, District North Baster, Kanker Chhattisgarh 6 - Madhura Ram Jain S/o Late B.S. Jain Aged About 73 Years R/o Ward No. 08, Mayana, Puri, Charama, Kanker, District North Baster, Kanker Chhattisgarh 7 - Brijlal Pradhan S/o Late Sukhram Pradhan Aged About 71 Years R/o House No. - 901, Ward No. - 11, Subhash Chandra Ward, Charama, District North Baster, Kanker Chhattisgarh 8 - Bhuwan Lal Sinha S/o Late Bodhan Ram Sinha Aged About 71 Years R/o Ward No. - 05, House No. 63, Khaspara, Charama, District North Baster, Kanker Chhattisgarh 9 - Hori Lal Sen S/o Late Suklal Sen Aged About 76 Years R/o Ward No. 05, Awaspara, Jaisakarr, Charama, District North Baster, Kanker Chhattisgarh Digitally signed by GOPAL SINGH Date: 2025.03.19 19:57:16 +0530 2 10 - Kartik Tulai S/o Late Bisahu Ram Tulai Aged About 73 Years R/o Ward No. - 15, Bhatapara, Charama, Kanker, District North Baster, Kanker Chhattisgarh ... Petitioners versus 1 - State of Chhattisgarh Through The Secretary, Water Resource Department, Mahanadi Bhawan, Atal Nagar, New Raipur, District - Raipur Chhattisgarh 2 - The Executive Engineer Water Resource Department, Division - Kanker, District - North Baster, Kanker Chhattisgarh 3 - Sub-Divisional Officer Water Resource, Sub-Division, Charama, Kanker, District - North Baster Chhattisgarh 4 - Sub-Divisional Officer Office of Assistant Ground Water, District Ground Water Survey Unit - Kanker, District North Baster Chhattisgarh ... 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. Akanksha Verma Dabhadker, 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 3 in the Water Resources 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. 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