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2025 DAILYLAW 18162 (CHH)

MAHADEV YADAV v. STATE OF CHHATTISGARH

WPS/2797/2025 · 2025-04-25

Shri Bibhu Datta Guru

body2025

Judgment text

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1 / 3 2025:CGHC:18769 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2797 of 2025 1 - Mahadev Yadav S/o Late Bisouha Ram Yadav Aged About 45 Years R/o Village And Post- Deori Bangla, Distt.- Balod (C.G.) 2 - Rukam Lal S/o Late Budhram Dewangan Aged About 60 Years R/o Village And Post- Deori Bangla, Distt.- Balod (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Secretary, Public Works Department, Mahanadi Bhawan, Naya Raipur, Distt.- Raipur (C.G.) 2 - Engineer In Chief, Water Resources Department, Nirman Bhawan, Sector-19, Atal Nagar, Naya Raipur, Distt.- Raipur (C.G.) 3 - Executive Engineer, Public Works Department, Division- Balod, Distt.- Balod (C.G.) ... Respondents (Cause title is taken from Case Information System) For Petitioners : Mr. Shishir Dixit, Advocate For Respondents/ State : Mr. Suyashdhar Badgaiya, Dy. Govt. Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 2 / 3 25/04/2025 1. The present combined writ petition has been filed by the petitioners seeking gratuity and leave encashment of their respective breadwinners. 2. The limited grievance that the petitioners have raised in the present writ petition is that though their respective breadwinners have been retired in the year 2004 and 2011 respectively and thereafter their respective parents have died. The petitioners have not been granted gratuity and benefit of leave encashment, despite the fact that they are the legal heirs. 3. Given the fact and perusal of the pleadings would show that the breadwinners of the petitioners retired from service in the year 2004 & 2011 respectively and thereafter they died. The petitioners made several representations/ requests before the respondent authorities for release of gratuity and leave encashment, but till no action has been taken by the authorities. The petitioners are running from pillar to post for redressal of their grievance but the same does not fructify. 4. Given the facts, this Court is of the opinion that no fruitful purpose would be served in keeping the writ petition pending rather ends of justice would meet if the writ petition is disposed off with a direction to the respondent authorities to consider and decide the respective claim of the petitioners so far as the releasing of gratuity and leave encashment is concerned. While considering the same, the authorities concerned would also take note of the 3 / 3 decision of the Supreme Court in the case of Netram Sahu Vs. State of Chhattisgarh, decided on 23.03.2018 in Civil Appeal No. 1254/2018. 5. Let this exercise be completed by the authorities concerned within a period four months from the date of receipt of a copy of this order. 6. With the aforesaid direction, the writ petition is disposed of. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar