1 2025:CGHC:1354 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 104 of 2025 Sunita Sethiya W/o Late Premnath Sethiya Aged About 44 Years R/o 8 Gopi Patel Line Ghatpadmoor Titirgaon Distt- Bastar ( C.G. ) ... Petitioner versus 1 - State Of Chhattisgarh, Through The Secretary, Public Works Department, Mahanadi Bhawan, Mantralaya, New Raipur, Atal Nagar District- Raipur ( C.G. ). 2 - The Engineer In Chief Public Works Department, District- Raipur ( C.G.). 3 - The Chief Engineer ( Administration ) Public Works Department, District- Raipur (C.G. ). 4 - The Chief Engineer Public Works Department ( bh/sa ) North Bastar Division No. 02 Jagdalpur Distt- Bastar ( C.G. ). 5 - The Superintendent Engineer Public Works Department ( bh/sa ) North Bastar Division No. 02 Jagdalpur Distt- Bastar (C.G.). GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.01.11 11:34:46 +0530 2 6 - The Executive Engineer Public Public Works Department (bh/sa) North Bastar Division No. 02 Jagdalpur Distt- Bastar ( C.G. ). ... Respondents For Petitioner : Shri Vikash A. Shrivastava, Advocate. For Respondents/State : Shri Suyashdhar Badgaiya, Dy.G.A. Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 09/01/2025 1. Heard Shri Vikash A. Shrivastava, learned counsel for the petitioner and Shri Suyashdhar Badgaiya, learned Deputy Government Advocate appearing for the State/respondents. 2. By filing this writ petition, the petitioner has prayed for following relief(s):- “(i)To issue an appropriate writ or order to direct the respondent’s authority to grant the benefits of leave encashment in favour of the petitioner. (ii)Any other relief deemed fit in the facts and circumstances including award of cost of the petition may also be granted.” 3. Learned counsel for the petitioner submits that petitioner is the wife of deceased retired employee of the respondent department, who was work charged employee working in Public Works 3 Department, Jagdalpur, District Bastar. 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 (wife of the deceased employee) is entitled for leave encashment. 4. Learned State counsel submits that sufficient documents have not been filed by the petitioner (wife of the deceased employee) and it is also not reflected as to whether the husband (deceased employee) of 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 (wife of deceased employee) 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 her 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), her claim shall be decided by the respondents in light of judgment of Faguvaram Patel (Supra) expeditiously 4 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 gouri