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2025 DAILYLAW 12186 (CHH)

DADNI BARI v. STATE OF CHHATTISGARH

WPS/1765/2025 · 2025-03-12

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:12280 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1765 of 2025 1 - Dadni Bari W/o Late Lalji Prasad Aged About 58 Years R/o Village Godhanpur, Post Ambikapur, Tehsil Ambikapur, District Sarguja Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Water Resource Department, Mantralaya Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh. 2 - Engineer In Chief Water Resource Department, Raipur, District Raipur Chhattisgarh. 3 - Chief Engineer Hasdev Ganga Kachhar, Water Resource Department Ambikapur, District Sarguja Chhattisgarh. 4 - Executive Engineer Water Resource Division No. 1 Ambikapur, District Sarguja Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Swapnil Keshari, Advocate. For Respondent(s)/State : Mr. Ajit Singh, Government Advocate. Digitally signed by RAGHVENDRA JAT 2 Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 12/03/2025 1. By way of this writ petition, the petitioner has prayed for following reliefs:- “10.1) That, this Hon'ble Court may kindly be pleased to issue the direction for the respondent authorities to grant the benefit of leave encashment. 10.2) Any other relief as this Hon'ble Court may be pleased to grant..” 2. Learned counsel for the petitioner submits that husband of the petitioner is retired employee of the respondent department, who was working as daily wager employee under respondent department prior to 1980, the salary were charge in project, the husband of the petitioner granted salary as monthly basis since initial date of appointment as daily wager, under the work charge and contingency paid employees. He further 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. 3. Learned State counsel submits that sufficient documents has not been filed by the petitioner and it is also not reflected as to 3 whether the husband of the petitioner has 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 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 (Supra), 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 Raghu Jat