1 2025:CGHC:10527 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1596 of 2025 1 - Smt. Chinta Netam W/o Late Narad Ram Netam Aged About 50 Years R/o Shiv Nagar, Uday Nagar Ward, Kanker, District - Uttar Bastar Kanker, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Public Health Engineering Department, Mantralaya, Mahanadi Bhawan, Capital Complex, Atal Nagar, Naya Raipur, District - Raipur, Chhattisgarh 2 - Executive Engineer Public Health Engineering Department, Jagdalpur, District - Bastar, Chhattisgarh 3 - Assistant Engineer Sub-Division Public Health Engineering Department, Kanker, District- North Bastar Kanker, Chhattisgarh 4 - Joint Director Treasury, Accounts And Pension, Division Jagdalpur, District - Bastar, Chhattisgarh ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Mr. Syed Md. Sohail Afzal, Advocate For State/Respondent(s) : Ms. Akanksha Verma, Panel Lawyer Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 04/03/2025 1. By way of this writ petition, the petitioner has prayed for following reliefs: “10.1 That this Hon'ble Court may kindly be pleased to issue an appropriate writ directing the respondents to release the leave encashment amount with interest. 10.2 That, this Hon’ble Court may kindly be 2 pleased to issue appropriate writ directing the respondents to decide the petitioner’s claim in light of the judgement in W.P.(S.) No. 3870 of 2021 (Faguvaram Patel & Ors. vs. State of Chhattisgarh) and W.P.S. No. 444b of 2025 (Omkar Lal Vishwakarma & Ors. vs. State of Chhattisgarh & Ors.) 10.3 Tny other relief which may be suitable in the facts and circumstances of the case, may also be granted.” 2. Learned counsel for the petitioner submits that the husband of petitioner was initially appointed as a Helper with the respondent department and subsequently service of husband of petitioner was regularized. Husband of petitioner, after permanent status, had retired after attaining the age of superannuation. During his service, the husband of petitioner has performed his duties and obligations bestowed upon him with utmost sincerity and to the best of his 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 petitioner is also entitled for leave encashment as petitioner is legal precedent of deceased employee. 3. Learned State counsel submits that sufficient documents have not been filed by the petitioner and it is also not reflected as to whether the deceased employee has completed the minimum period of service to avail the benefit of leave encashment. 3 4. I have heard learned counsel for parties and perused the documents available in record. 5. 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 person, as in the case of Faguvaram Patel (surpa), his claim 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. 6. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Shayna