1 2025:CGHC:10526 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1582 of 2025 1 - Pyarelal Sahu S/o Lt. Kishun Sahu Aged About 65 Years R/o H. No. 99/2, Gurughasidas Para, Jhajhpuri Kalan, Mungeli, Distt - Mungeli (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Public Works Department, Mahanadi Bhawan, Mantralaya, Atal Nagar Naya Raipur, Distt- Raipur (C.G) 2 - Engineer-In-Chief Public Work Department, Sihawa Bhawan, Naya Raipur, Distt- Raipur (C.G) 3 - Chief Engineer Public Work Department, Bilaspur Zone, Distt- Bilaspur (C.G) 4 - Executive Engineer Public Work Department, Division Mungeli, Distt- Mungeli (C.G) 5 - Divisional Joint Director Fund Account And Pension, Bilaspur Division, Distt- Bilaspur (C.G) ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Ms. Ankita Shukla, Advocate For State/Respondent(s) : Mr. Vivek Sharma, Additional AG RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.03.10 18:44:24 +0530 2 Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 04/03/2025 1. Heard Ms. Ankita Shukla, learned counsel petitioner as well as Mr. Vivek Sharma, learned Additional Advocate General for the State/respondent/s. 2. By way of this writ petition, the petitioner has prayed for following reliefs: “10.1 That, the Hon'ble Court may kindly be pleased to issue an appropriate writ by directing the respondent authorities to consider the case of petitioner for grant of leave encashment and appropriate orders be passed for releasing of leave encashment along with interest, in the interest of Justice. 10.2 Any other relief or reliefs may also be granted to the petitioner which this Hon'ble court deems fit and proper in the facts and circumstances of the case.” 3. Learned counsel for the petitioner submits that the petitioner was appointed on the post of Gang Shramik Akashual and due to superannuation he was retired, he has been given other retrial dues except amount of leave encashment. After appointment of the petitioner he working his duty with utmost honesty, sincerity and to the satisfaction of his superiors. They were never communicated any adverse remarks in his entire service period. The petitioner is fully eligible and legally entitled to get the benefit 3 of amount of leave encashment, but due to inaction on the part of the respondent authority, he was deprived from getting said benefit. As the petitioner is also entitled for grant of Leave Encashment but till date benefit of leave encashment has not been extended to the petitioner. 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. 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 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 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 (surpa), his claim shall be decided by the respondents in light of 4 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 Ravi Mandavi