Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 2198 (CHH)

VIJAY LAL JANGHEL v. STATE OF CHHATTISGARH

WPS/144/2025 · 2025-01-21

Shri Amitendra Kishore Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:3557 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 144 of 2025 Vijay Lal Janghel S/o Tirath Ram Aged About 68 Years R/o Ward 13, Durga Nagar, Ghourabhata Nagar Panchayat Parpodi, District Bemetara Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Department Of Public Health Engineering, Mahanadi Bhawan, Nava Raipur, District Raipur Chhattisgarh 2 - E.N.C. Of Public Health Engineering Atal Nagar, Nawa Raipur, District - Raipur Chhattisgarh 3 - Chief Engineer Of Public Health Engineering Circle Bemetara District Bemetara Chhattisgarh 4 - Superintendent Engineer Of Public Health Engineering Bemetara, District Bemetara Chhattisgarh 5 - Executive Engineer Public Health Engineering Division Bemetara, District Bemetara Chhattisgarh 6 - Divisional Joint Director Treasury Accounts And Pensions - Durg Division, District Durg Chhattisgarh YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.01.23 17:43:48 +0530 2 ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Anshuman Shrivastasva, Advocate For Respondents : Ms. Akanksha Verma, P.L. Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 21.01.2025 1. Heard Mr. Anshuman Shrivastasva, learned counsel for the petitioner and Ms. Akanksha Verma, learned Panel Lawyer appearing for the State/respondents. 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 appropriate writ(s)/Order(s)/Direction(s) to direct the respondents to grant the unpaid amount of leave encashment as per the rules and grant consequential reliefs thereof. 10.2 That, the Hon’ble Court may kindly be pleased to issue appropriate writ(s)/Order(s)/Direction(s) to direct the respondents to grant interest @ 12% per annum on the amount of leave encashment which remained unpaid since the date of retirement of the petitioner. 10.3 Any other relief, which this Hon’ble Court may deem fit and proper according to the facts and circumstances of the case along with the cost of the petition. 3. Learned counsel for the petitioner submits that petitioner is retired employee of the respondent department, who was worked as worked charged/Contingency Paid employees and whose services has been later regularized under the respondent authorities. He submits that in the light of judgment passed by this Court in Writ Petition (S) No.3870 of 2021 3 (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. 7. Accordingly, this writ petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Yogesh