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2025 DAILYLAW 12589 (CHH)

ANGAT KUMAR VERMA v. STATE OF CHHATTISGARH

WPS/1746/2025 · 2025-03-12

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:12274 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1746 of 2025 1 - Angat Kumar Verma S/o Keju Ram Verma Aged About 63 Years Resident Of Jal Vihar Colony Gali No. 02 Village Or Post- Rudri, Tahsil And District- Dhamtari Chhattisgarh. 2 - Shivkumar Patel S/o Late Rajaram Patel Aged About 62 Years Resident Of Village- Sighorikhurd, Post- Barna, Tahsil- Kurud, District- Dhamtari Chhattisgarh. 3 - Narayan Yadav S/o Prem Lal Aged About 63 Years Resident Of Village- Jhura Nawagaon, Post- Barna, Tahsil And District- Dhamtari Chhattisgarh. 4 - Chandoo Ram Sahu S/o Late Gopal Ram Sahu Aged About 63 Years Resident Of Village- Kundel, Tahsil And District- Dhamtari Chhattisgarh. Digitally signed by RAGHVENDRA JAT 2 5 - Siya Ram Kanwar S/o Late Umrav Aged About 63 Years Resident Of Village- Dandesara, Post And Tahsil- Kurud, District- Dhamtari Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Water Resource, Mantralaya Atal Nagar, New Raipur District- Raipur (C.G.). 2 - The Executive Engineer Water Management Division, Rudri District- Dhamtari, Chhattisgarh. 3 - The Executive Engineer Water Resources Department Dhamtari, District- Dhamtari, Chhattisgarh. 4 - The Joint Director Treasury, Accounts And Pension, Raipur Division, District- Raipur, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Sanjeev Kumar Sahu, Advocate. For Respondent(s)/State : Ms. Akanksha Verma, Panel Lawyer. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 12/03/2025 1. By way of this writ petition, the petitioners have prayed for 3 following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to issue an appropriate write, thereby directing the respondent authorities to grant the benefits of leave encashment of 120 days as per the orders dated 16.01.2025 passed by the Hon'ble Court in identical case. Bearing Writ Petition (S) No 403/2025 and other connected writ petition in favour of petitioners, with interest from the date of entitlement to its actual payment. 10.2 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.” 2. Learned counsel for the petitioners submits that petitioners were working as class-IV employee under the respondent No. 1 Department of Water Resource and subsequently they were regularized and upon completion age of superannuation, they retired from service. 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 petitioners are entitled for leave encashment. 3. Learned State counsel submits that sufficient documents have 4 not been filed by the petitioners and it is also not reflected as to whether the petitioners 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 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 (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 of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat