Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:1431
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 148 of 2025 1 - Sapan Kumar Biswas S/o Late Shri Jagdish Chandra Biswas Aged About 64 Years R/o Ward No. 15, Officer Colony, Sakti, District Sakti, Chhattisgarh 2 - Tulsiram Sahu S/o Late Shri Melau Ram Sahu Aged About 75 Years R/o Ward No. 11, Pendari, Sakari, Bilaspur, District Bilaspur, Chhattisgarh
... Petitioners versus 1 - State of Chhattisgarh Through Secretary, Department Of Public Works, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh 2 - Engineer In Chief Public Works Department, Indrawati Bhawan, New Raipur, District Raipur, Chhattisgarh 3 - Executive Engineer Public Works Department, National Highway Division Bilaspur, District Bilaspur, Chhattisgarh 4 - Joint Director Treasury, Account And Pension, Bilaspur, District Bilaspur, Chhattisgarh
... Respondents For Petitioners : Mr. Samyak Singhai Jain, Advocate on behalf of Mr. Shahil Singh, Advocate For State/Respondents : Ms. Nupur Trivedi, Panel Lawyer Hon’ble Shri Amitendra Kishore Prasad, Judge
Order on Board 09.01.2025
1. Heard Mr. Samyak Singhai Jain, learned counsel on behalf of Mr. Shahil Singh, learned counsel for the petitioner and Ms. Nupur Trivedi, appearing for the State/respondents. YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.01.09 18:30:40 +0530
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2. By filing this writ petition, the petitioners have prayed for following relief(s):-
“10.1 The Hon'ble Court may kindly be pleased to call for the entire records leading to the impugned action of the respondents, for the kind perusal of this Hon'ble Court. 10.2 The Hon'ble Court may further kindly be pleased to direct the respondents to release the entire amount of leave encashment as entitled to the petitioner, in light of the
judgment passed by this Hon'ble Court in matter of Faguvaram Patel and others v. State of Chhattisgarh and Ors.- WPS No. 3870 of 2021 and other connected matters. 10.3 Any other relief which this Hon'ble Court deems fit and proper may also kindly be granted to the petitioner, in the interest of justice.”
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Learned counsel for the petitioners submits that petitioners are retired employees of the respondent department, who was worked as Work-charged/Contingency Paid employees i.e. Site Assistants in the 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 petitioners are entitled for leave encashment.
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4. Learned State counsel submits that sufficient documents have not been filed by the petitioners and it is also not reflected as to whether the petitioners have 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 petitioners to make detailed representations 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 their claim. In the event of filing of representation, on due verification, if the petitioners are found to be similarly situated persons, as in the case of Faguvaram Patel (surpa), their 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