Extracted from the PDF above. The PDF is authoritative.
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NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1720 of 2025 1 - Smt Nanki Bai W/o Late Shri Ramayan Singh Aged About 65 Years Post
Sutarra,
Via
Katghora
District
Korba
(C.G.) 2 - Shyamlata Rathiya, W/o Late Shri Indrabhan Singh Rathiya Aged About
45
Years
Rampur,
District
Korba
(C.G.) 3 - Jamun Singh H/o Ramund Bai Aged About 68 Years Sutarra Via Katghora, District Korba (C.G.)
... Petitioners versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Public Works Department Bhawan, Atal Nagar, New Raipur, District Raipur (C.G.) 2 - Executive Engineer, Public Works Department, Korba, District Korba Chhattisgarh.
... Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioners :- Mr. Satya Kumar Mandloi, Advocate For State :- Mr. Kanwaljit Singh Saini, P.L. ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad
Order On Board 11.03.2025 VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR
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1. By way of this writ petition, the petitioners have prayed for following reliefs:-
“10.1 That, this Hon'ble Court may kindly be pleased to issue similar direction for grant of leave encashment as per Annexure P-2 within stipulated time, in the interest of justice. 10.2 Any other relief which may be deemed fit granted by this Hon'ble Court in favour of the petitioner in the interest of justice.”
2. Learned counsel for the petitioners submits that petitioners are the legal heirs of the deceased retired employees of the respondent department, who were working as class-IV employees in the Public Works Department. 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 deceased retired employees were 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 deceased retired employees have completed the minimum period of the 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
3 petition is disposed off 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 deceased retired employees are found to be similarly situated persons, as in the case of Faguvaram Patel (supra), their 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 off with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Vishakha