Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:11493
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1670 of 2025 1 - Smt. Dasi W/o Dhurva Ram Aged About 65 Years R/o 54 Solupara Phulbagdi Post Kerlapal Distt Sukuma Chhattisgarh 2 - Dashrath S/o Lakshman Aged About 65 Years R/o Dubbatola Distt. Sukuma Chhattisgarh
--- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Public Works Department, Mahanadi Bhawan Mantralaya, New Raipur, Atal Nagar District Raipur Chhattisgarh 2 - The Engineer In Chief Public Works Department, District Raipur Chhattisgarh 3 - The Chief Engineer National Highway Division Distt. Raipur Chhattisgarh 4 - The Superintendent Engineer National Highway Division Distt. Raipur/bastar Chhattisgarh 5 - The Executive Engineer National Highway Division Jagdalpur Distt. Bastar Chhattisgarh 6 - The Sub Divisional Officer National Highway Sub Division Sukuma Distt. Sukuma Chhattisgarh 7 - Senior Treasurer Officer Jagdalpur Distt. Bastar Chhattisgarh
... Respondent(s) For Petitioners : Mr. Vikash A. Shrivastava, Advocate For Respondents : Mr. Kanwaljeet Singh Saini, P.L. Hon'ble Shri Justice
Amitendra Kishore Prasad
Order on Board BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN Date: 2025.03.10 16:26:40 +0530
2 07/03/2025
1. Heard Mr. Vikash A. Shrivastava, learned counsel petitioners as well as Mr. Kanwaljeet Singh Saini, learned Panel Lawyer 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