1 2025:CGHC:10521 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1565 of 2025 1 - Smt. Sushila Kerketta W/o Shri Rajendra Kerketta Aged About 65 Years Retired Sweeper At Executive Engineer, Public Works Department Division, Pathalgaon, District Jashpur Chhattisgarh R/o Village Kurumkela, Tahsil - Bagicha, District Jashpur Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Department Of Public Works Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh 2 - Engineer In Chief Department Of Public Works, Nirman Bhawan, North Block, Naya Raipur, Chhattisgarh 3 - Chief Engineer Public Works Department Bilaspur Zone, District Bilaspur Chhattisgarh 4 - Executive Engineer Public Works Department Division Pathalgaon, District Jashpur Chhattisgarh 5 - Joint Director Treasury, Account And Pension, Ambikapur, District Surguja, Chhattisgarh ... Respondent(s) (Cause-title taken from Case Information System) RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.03.10 18:48:31 +0530 2 For Petitioner : Mr. Jeet Ram Patel, Advocate For State/Respondent(s) : Mr. Saumitra Kesharwani, Panel Lawyer Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 04/03/2025 1. Heard Mr. Jeet Ram Patel, learned counsel petitioner as well as Mr. Saumitra Kesharwani, learned Panel Lawyer for State/respondents. 2. 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 call for the entire records pertaining to the case of the petitioner. 10.2 That this Hon'ble Court may kindly be pleased to direct the respondents authorities to give benefit of leave encashment within stipulated time to the petitioner with interest, in the interest of the justice. 10.3 That, any other relief which the Hon'ble Court may deemed fit and proper also be granted to the petitioner, in the interest of justice.” 3. Learned counsel for the petitioner submits that the petitioner was initially appointed as work-charge employee in respondent department in the year 1992 and due to superannuation she was retired from her service in the year 2021, she has been given other retiral dues but not given amount of leave encashment. After 3 appointment of the petitioner, she has performed her duty with utmost honesty, sincerity and to the satisfaction of her superiors. She was never communicated any adverse remarks in her entire service period and till superannuation period her length of service period had long years. On being completing the length of service, the petitioner was superannuated in the year 2021. The petitioner is also entitled for the 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 4 documents to substantiate her 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), her 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. 7. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi