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2025 DAILYLAW 11980 (CHH)

SMT ANAND KUNWAR v. STATE OF CHHATTISGARH

WPS/1657/2025 · 2025-03-06

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:11074 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1657 of 2025 1 - Smt Anand Kunwar D/o Babu Lal Aged About 68 Years R/o Village Jenjra, Post And Tahsil Katghora, District Korba, Chhattisgarh. ... Petitioner Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Public Works Department Bhawan, Atal Nagar, New Raipur, District Raipur, Chhattisgarh. 2 - Executive Engineer Public Works Department, Korba, District Korba, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Ajay Shrivastava, Advocate For Respondent(s) : Mr. Sabyasachi Choubey, Panel Lawyer Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 06/03/2025 1. Heard Mr. Ajay Shrivastava, learned counsel petitioner as well as Mr. Sabyasachi Choubey, learned Panel Lawyer for State/respondents. 2. By way of this writ petition, the petitioners have prayed for following reliefs: “10.1. The 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 SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 granted by this Hon’ble Court in favour of the petitioner in the interest of justice.” 3. Learned counsel for the petitioner submits that the petitioner was initially appointed on temporary basis on the post of Unskilled Labour in the Public Works Department. Petitioner was discharging his duty up to the satisfaction of his superior authorities without any complaint and subsequently, he became permanent employee and stood retired from his services. During his service, the Petitioner 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 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 / 3 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 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. 7. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Dey