Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:1352
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 75 of 2025 Ram Prasad Sahu S/o Lt. Bhukhan Sahu Aged About 67 Years R/o Rampur Para Gali, Ward No. 04, Padampur, Distt.- Mungeli, Chhattisgarh
... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Water Resources, Mahanadi Bhawan, Mantralaya, Atal Nagar Naya Raipur, Distt.- Raipur, Chhattisgarh 2 - Engineer-In-Chief Water Resource Department, Shivnath Bhawan, Sector 19, Naya Raipur, Distt.- Raipur Chhattisgarh 3 - Chief Engineer Water Resource Department, Maniyari, Bilaspur, Distt.- Bilaspur, Chhattisgarh 4 - Executive Engineer Water Resource Department, Division Mungeli, Distt.- Mungeli, Chhattisgarh 5 - Divisional Joint Director Fund Account And Pension, Bilaspur, Distt.- Bilaspur, Chhattisgarh
... Respondents GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.01.10 11:06:16 +0530
2 For Petitioner : Ms. Ankita Shukla, Advocate. For Respondents/State : Shri Abhishek Gupta, PL.
Hon’ble Shri Justice Amitendra Kishore Prasad
Order on Board 09/01/2025
1. Heard Ms. Ankita Shukla, learned counsel for the petitioner and Shri Abhishek Gupta, learned Panel Lawyer appearing for the State/respondents.
2. By filing this writ petition, the petitioner has prayed for following relief(s):- (i)That, the Hon’ble Court may kindly be pleased to issue an appropriate writ by directing the respondent authorities to consider the case of the petitioner for grant of leave encashment and appropriate orders be passed for releasing of leave encashment along with interest, in the interest of justice. (ii)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 work charged employee working in Water Resource Department, Mungeli,
3 District Mungeli. 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 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.
4
7. Accordingly, this writ petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad )
Judge
gouri