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2025 DAILYLAW 1178 (CHH)

SMT. GANESHI v. STATE OF CHHATTISGARH

WPS/42/2025 · 2025-01-08

Shri Amitendra Kishore Prasad

body2025

Judgment text

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1 2025:CGHC:1060 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 42 of 2025 Smt. Ganeshi Wd/o Late Hari Ram Chauhan Aged About 62 Years R/o Village Godhikala, Tahsil Pathalgaon, District Jashpur Chhattisgarh. ... Petitioner versus 1 - State of Chhattisgarh Through Secretary, Department of Water Resources Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh. 2 - Engineer in Chief Water Resources Department, Shivnath Bhawan New Raipur, District Raipur Chhattisgarh. 3 - Chief Engineer (Hasdeo) Ganga Kachhar, Water Resource Department, Ambikapur, District Surguja Chhattisgarh. 4 - Executive Engineer Water Resource Division Jashpur, District Jashpur Chhattisgarh. 5 - Joint Director Treasury, Account and Pension, Ambikapur, District Surguja Chhattisgarh. ... Respondents For Petitioner : Mr. Prabhu Lal, Advocate on behalf of Mr. Jeet Ram Patel, Advocate For Respondents/State : Ms. Nupur Trivedi, Panel Lawyer Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 08.01.2025 1. Heard Mr. Prabhu Lal, learned counsel on behalf of Mr. Jeet Ram Patel, learned counsel for the petitioner and Ms. Nupur Trivedi, learned Panel Lawyer, appearing for the State/respondents. YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.01.08 19:09:07 +0530 2 2. By filing this writ petition, the petitioner has prayed for following relief(s):- “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 petitioner is retired employees of the respondent department, who was worked charged employee working in Water Resources Department, Ambikapur, District Surguja (C.G.). 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 3 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 writ 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), 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 writ petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Yogesh