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2025 DAILYLAW 1768 (CHH)

SANSU RAM v. STATE OF CHHATTISGARH

WPS/147/2025 · 2025-01-09

Shri Amitendra Kishore Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:1430 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 147 of 2025 Sansu Ram S/o Late Manaram Sahu Aged About 80 Years R/o 56 Nahar Para Gidha Mungeli District -Mungeli (C.G.) ... Petitioner versus 1 - State of Chhattisgarh Through The Secretary Public Works Department Mahanadi Bhawan Mantralaya Atal Nagar Naya Raipur District - Raipur (C.G.) 2 - Engineer In Chief Public Work Department Sihawa Bhawan Naya Raipur District - Raipur (C.G.) 3 - Chief Engineer Public Work Department Bilaspur Zone District - Bilsapur (C.G.) 4 - Executive Engineer Public Work Department Division Bilaspur District - Bilaspur (C.G.) 5 - Executive Engineer Public Work Department Division Mungeli District - Mungeli (C.G.) 6 - Divisional Joint Director Fund Account And Pension Bilaspur Division District - Bilaspur (C.G.) ... Respondents For Petitioner : Ms. Ankita Shukla, Advocate For Respondents/State : Ms. Nupur Trivedi, Panel Lawyer Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 09.01.2025 1. Heard Ms. Ankita Shukla, learned counsel for the petitioner and Ms. Nupur Trivedi, learned Panel Lawyer, appearing for the State/respondents. YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.01.09 18:30:41 +0530 2 2. By filing this writ petition, the petitioner has prayed for following relief(s):- “10.1 That, the Hon'ble Court may kindly be pleased to issue an appropriate writ by directing the respondent authorities to consider the case of petitioner for grant of leave encashment and appropriate orders be passed for releasing of leave encashment along with interest, in the interest of justice. 10.2 Any other relief or reliefs may also be granted to the petitioner which this Hon’ble Court deems fit and proper in the facts and circumstances of the case.” 3. Learned counsel for the petitioner submits that petitioner is retired employees of the respondent department, who was worked charged employee working as Driver in 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 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. 3 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/- Sd/- (Amitendra Kishore Prasad) Judge Yogesh