Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:10531 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1602 of 2025 1 - Vipin Deshkar S/o Late Narayan Rao Deshkar Aged About 62 Years Retired Field Assistant, (Work Charged), Public Health Engineering Division, Rajnandgaon, Chhattisgarh. R/o Behind High School, Radhika Nagar, Dongargarh, District Rajnandgaon, Chhattisgarh.- 491445
.. Petitioner(s) versus 1 - The State Of Chhattisgarh Through The Secretary, Public Health Engineering Department, Government Of Chhattisgarh, Mahanadi Bhavan, Mantralalaya, Naya Raipur, District Raipur, Chhattisgarh. 492002 2 - The Engineer In Chief Public Health Engineering Department, Indravati Bhavan, Nawa Raipur Atal Nagar, District Raipur, Chhattisgarh. 3 - The Chief Engineer Public Health Engineering Department, Raipur Zone, Chhattisgarh, District Raipur. 4 - The Superintending Engineer Public Health Engineering Department, Circle- Durg Circle, Chhattisgarh. District Durg. 5 - The Executive Engineer Public Health Engineering Department, Division Rajnandgaon, Chhattisgarh, District : Rajnandgaon, Chhattisgarh 6 - The Assistant Engineer Public Health Engineering Department, Sub Division, Dongargarh, Chhattisgarh. District Rajnandgaon.
... Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Mr. Ashwin Panickar, Advocate For State/Respondent(s) : Mr. Kawaljeet Singh Saini, 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 Digitally signed by SHAYNA KADRI
2 reliefs:
“10.1 The Hon’ble Court may call for records from the respondents. 10.2 The Hon’ble Court may direct the respondents to grant leave encashment and leave surrender to the petitioner in light of the judgement of the Hon’ble Court in W.P.(S.) 3870 of 2021. 10.3 The Hon’ble Court may direct the respondent No. 5 and 6 to dispose off in time bound manner the representation dated 14.01.2025 of the petitioner in light of the directions issued by this Hon’ble Court in W.P.S. No. 3870 of 2021. 10.4 The Hon’ble Court may grant cost of petition to the petitioner. 10.5 The Hon’ble Court may grant any other relief as this Hon’ble Court may deem fit and proper in the nature and circumstances of the present case in the interest of justice.”
2. Learned counsel for the petitioner submits that the petitioner was initially appointed as a Field Assistant with the respondent department and subsequently service of the employee was regularized. The petitioner, after permanent status, had retired after attaining the age of superannuation. During his service, he 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.
3. Learned State counsel submits that sufficient documents have not been filed by the petitioner and it is also not reflected as to
3 whether the petitioner has completed the minimum period of service to avail the benefit of leave encashment.
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