Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:10742 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1597 of 2025 1 - Chandravati Maitry W/o Lt. Shri Mangal Singh Maitry Aged About 60 Years R/o House No. 110, Dipapara, Jewa, District Sarangarh-Bhilagarh, C.G. 2 - Satyavati Yadav W/o Lt. Shri Hiraau Aged About 58 Years R/o House No. 51/2, Dipapara, Daansara, Tahsil- Sarangarh, District Sarangarh- Bhilaigarh C.G. 3 - Neera Bai Yadav W/o Lt. Shri Hemsagar Yadav Aged About 59 Years R/o House No. 2, Mukhya Basti, Tupakdhar, Bunga, Pusour District Raigarh C.G.
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Public Works, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh 2 - Engineer In Chief Public Works Department, Indrawati Bhawan, New Raipur, District Raipur, Chhattisgarh 3 - Executive Engineer Public Works Department, National Highway Division Bilaspur, District Bilaspur, Chhattisgarh 4 - Joint Director Treasury Account And Pension, Bilaspur, District Bilaspur, Chhattisgarh
... Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Ms. Zainab Mustafa Vanak, Advocate For State/Respondent(s) : Ms. Shailja Shukla, Dy. Govt. Advocate Hon'ble Shri Justice
Amitendra Kishore Prasad
Order on Board 05/03/2025
1. By way of this writ petition, the petitioners have prayed for following reliefs: Digitally signed by SHAYNA KADRI
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“10.1. The Hon'ble Court may kindly be pleased to call for the entire records leading to the impugned action of the respondents, for the kind perusal of this Hon’ble Court. 10.2 The Hon’ble Court may further kindly be pleased to direct the respondents to release the entire amount of leave encashment as entitled to the petitioner, in light of the judgement passed by this Hon’ble Court in matte of Faguvaram Patel and others vs. State of Chhattisgarh and Ors. WPS No. 3870 of 2021 and other connected matters. 10.3 Any other relief which this Hon’ble Court deems fit and proper may also kindly be granted to the petitioner, in the interest of justice.”
2. Learned counsel for the petitioners submits that husband of petitioners were work charged contingency paid employees in the respondent department. During their service, they 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. Learned State counsel submits that sufficient documents have not been filed by the petitioners and it is also not reflected as to whether the husband of petitioners have 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. 3
5. 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. 6. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/-
(Amitendra Kishore Prasad) Judge Shayna