1 2025:CGHC:6652 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2106 of 2024 Dhirendra Jha S/o Late Suresh Jha Aged About 62 Years At-650/41, DDU Nagar, P/s DDU Nagar, Raipur, Chhattisgarh. ... Petitioner versus 1 - State of Chhattisgarh Through Secretary, General Administrative Public Works Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, Raipur Chhattisgarh 2 - The Chief Engineer, Public Works Department, Durg Zone, District Durg Chhattisgarh 3 - The Executive Engineer, Public Works Department, Durg Division, District Durg Chhattisgarh 4 - Collector, Durg, District - Durg Chhattisgarh 5 - Joint Director, Treasury, Accounts And Pension, Division Durg, District - Durg Chhattisgarh ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Vinay Nagdev, Advocate through V.C. For State/respondents : Ms. Nupur Trivedi, P.L. YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.02.06 10:49:09 +0530 2 Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 05.02.2025 1. Heard Mr. Vinay Nagdev, learned counsel for the petitioner and Ms. Nupur Trivedi, learned Panel Lawyer appearing for the State/respondents. 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 direct the respondent authorities to recalculate the tenure of service from the date of appointment i.e., 01.01.1986 till date of superannuation i.e., 31.01.2024 and thereby the authorities be directed to pay the pension and gratuity accordingly. 10.2 That, this Hon'ble Court may kindly be pleased to further direct the respondent authorities to pay the leave encashment to the petitioner according to the rules and bye- laws in this regard. 10.3 That, any other relief/order which may deem fit and just in the facts and circumstances of the case. 3. Learned counsel for the petitioner submits that petitioner is retired employee of the respondent department, who was worked as daily wages Helper and whose services has been later regularized under the respondent authorities. 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. 3 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 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), 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 writ petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Yogesh