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2025 DAILYLAW 11057 (CHH)

RAMU v. STATE OF CHHATTISGARH

WPS/1679/2025 · 2025-03-07

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:11496 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1679 of 2025 1 - Ramu S/o Boti Ram Aged About 63 Years R/o Sinchai Colony Ward No. 13 Konta Distt Sukuma C.G. 2 - Janki Rao S/o Jatti Paramayya Aged About 65 Years R/o Ward No. 04 Indra Awas Colony, Konta Distt. Sukuma C.G. 3 - Mahadev Nag S/o Sonadhar Nag Aged About 72 Years R/o 53 Chhurragatta Patinaikras Rokel Konta Distt Sukuma C.G. 4 - Sonu Yadav S/o Sundar Yadav Aged About 63 Years R/o Pakela Post- Pakela Distt Sukuma C.G. --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Public Works Department, Mahanadi Bhawan Mantralaya, New Raipur, Atal Nagar District Raipur (C.G.) 2 - The Engineer In Chief Public Works Department, District Raipur (C.G.) 3 - The Chief Engineer (Administration) Public Works Department, District Raipur (C.G.) 4 - The Chief Engineer, Public Works Department, Jagdalpur Distt. Bastar C.G. 5 - The Superintendent Engineer Public Works Department Jagdalpur Distt. Bastar C.G. 6 - The Executive Engineer, Public Works Department (Bh/sa) Sukuma Division Distt. Sukuma C.G. 7 - Divisional Joint Director, Treasury Account And Pension Bastar Division Jagdalpur Distt. Bastar C.G. BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN Date: 2025.03.10 16:26:42 +0530 2 ... Respondent(s) For Petitioners : Mr. Vikash A. Shrivastava, Advocate For Respondents : Mr. Ajeet Singh, Govt. Advocate Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 07/03/2025 1. Heard Mr. Vikash A. Shrivastava, learned counsel petitioners as well as Mr. Ajeet Singh, learned Govt. Advocate for State/respondents. 2. By way of this writ petition, the petitioners have prayed for following reliefs: “10.1. To issue an appropriate writ or order to direct the respondent’s authority to grant the benefits of leave encashment in favour of the petitioner. 10.2. Any other relief deemed fit in the facts and circumstances including award of cost of the petition may also be granted .” 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 Balram