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2025 DAILYLAW 22065 (CHH)

RAMPRASAD VARMA v. STATE OF CHHATTISGARH

WPS/3481/2025 · 2025-05-08

Shri Bibhu Datta Guru

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:21595 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3408 of 2025 1 - Sumitra Bai Deep W/o Lt. Gaurilal Deep Aged About 67 Years R/o Vill. Santpali, P.O. Bhawarpur, Tahsil Basna, District Mahasamund (C.G.) 2 - Smt.Prem Bai Kolta W/o Lt. Shatruhan, Aged About 48 Years R/o Vill. Mohka, Tahsil And District Mahasamund, (C.G.) 3 - Smt.Malati Yadav W/o Lt. Shri Ghasiya Yadav Aged About 60 Years R/o Mahalpara, Ward No. 3, Vtc, Saraipali, Dist. Mahasamund (C.G.) 4 - Smt. Bimla Dhruw W/o Lt. Ramnarayan Dhruw Aged About 63 Years R/o Ward 29, Bit Road, Near Old Malariya Office, Mahasamund, District Mahasamund (C.G.) 5 - Smt. Dulari Bai Yadav W/o Lt. Balwaram Yadav Aged About 59 Years R/o 116, Bajrang Chauk, Gudrupara Mahasamund, District Mahasamund (C.G.) 6 - Rukhmani Sahu W/o Lt. Mohan Sahu Aged About 65 Years R/o 2 Ward No. 2, Jhalap, Lakahnpur, District Mahasamund (C.G.) 7 - Prakash Chandra Bhoi S/o Lt. Dhanurjo Bhoi (Wife Subhasini Bhoi Also Died) Aged About 39 Years R/o Vill. Akashkhara, Ward No. 11, Saraipali Dist. Mahasamund (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Public Works, Mahanadi Bhawan, Mantralaya Atal Nagar, Naya Raipur Tahsil And District Raipur (C.G.) 2 - Engineer-In-Chief Department Of Public Works, Nirman Bhawan, North Block, Naya Raipur Tahsil And District Raipur (C.G.) 3 - Chief Engineer Public Works Department (E/m, Sub Division), Raipur District Raipur (C.G.) 4 - Superintending Engineer, Public Works Department, Division Mahasamund Tahsil And District Mahasamund (C.G.) 5 - Executive Engineer Public Works Department, (Building And Road) Division Mahasamund Tahsil And District Mahasamund (C.G.) 6 - Executive Engineer Public Works Department, Division Mahasamund Tahsil And District Mahasamund (C.G.) 7 - Joint Director Treasury, Accounts And Pension, Raipur District Raipur (C.G.) --- Respondent(s) 3 WPS No. 3481 of 2025 1 - Ramprasad Varma S/o Ramsingh Varma Aged About 64 Years R/o House No. 13 Purana Tahsilpara Distt. Bijapur C.G. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Public Health Engineering Department, Mahanadi Bhawan Mantralaya, New Raipur, Atal Nagar District Raipur (C.G.) 2 - The Engineer In Chief P.H.E. Department, District Raipur (C.G.) 3 - Joint Director Treasury Account And Pension Tahsil And District Raipur (C.G.) 4 - The Chief Engineer P.H.E. Department Division Jagdalpur Distt. Bastar (C.G.) 5 - The Superintendent Engineer P.H.E Department Division Jagdalpur District Bastar (C.G.) 6 - The Executive Engineer P.H.E. Department Division Bijapur District Bijapur (C.G.) 7 - Divisional Joint Director Treasury Account And Pension Bastar Division Jagdalpur Distt. Bastar C.G. --- Respondent(s) WPS No. 3485 of 2025 1 - Chaman Lal Verma S/o Late Pardeshi Lal Verma Aged About 40 Years R/o House No. 173 Forest Colony Albeda Para District - Kondagaon (C.G.) (Son Of Deceased Employee ) 4 2 - Lakheshwari Dewangan D/o Late Shri Ram Dewangan Aged About 27 Years R/o House No. 188, Mahatma Gandhi Ward No. 01 District - Kondagaon (C.G.) (Daughter Of Deceased Employee) 3 - Anjali Kunjam D/o Late Shri Hiru Ram Kunjam Aged About 27 Years R/o House No. 02 Sandonad Para Forest Colony District - Kondagaon (C.G.) Daughter Of Deceased Employee) ---Petitioner(s) 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 (Ba/sa ) Jagdalpur District - Bastar (C.G.) 5 - The Superintendent Engineer Public Works Department (Ba/sa) Jagdalpur District - Bastar (C.G.) 6 - The Executive Engineer Public Works Department (Ba/sa) District- Kondagaon (C.G.) 7 - Divisional Joint Director Treasury Account And Pension Bastar Division Jagdalpur District - Bastar (C.G.) Respondent(s) 5 WPS No. 3492 of 2025 1 - Kumari Kusum Bai D/o Lala Ram Nag Aged About 65 Years R/o House No. 13 Amedkar Ward Kondagaon Distt. Kondagaon C.G. ---Petitioner(s) 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 Distt. Jagdalpur (C.G.) 5 - The Superintendent Engineer Public Works Department Distt. Kanker C.G. 6 - The Excutive Engineer Public Works Department Distt. Kondagaon C.G. ... Respondent(s) For Petitioner(s) : Mr. Mayank Chandrakar, Advocate. For Respondents/State : Mr. Soumitra Kesharwani, Panel Lawyer. Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 09/05/2025 1. Since the identical issues involved in the above mentioned writ petitions, they are being heard and decided by this common 6 order. 2. By the present writ petitions, the petitioners are seeking for issuance of an appropriate direction to the Respondents for considering the claim of the Petitioners for grant of leave encashment in terms of the provisions of the Chhattisgarh Work-Charged/Contingency Paid Employees Leave Rules, 1977. 3. According to the Petitioners, they have made their claim in the light of the recent decision of this High Court rendered in W.P. (S) No.3870/2021 (Faguvaram Patel & Others Vs. State of Chhattisgarh & Others) decided on 30.9.2022, wherein similar claim of the Petitioner therein has been allowed. The said decision also stands affirmed by the Division Bench in W.A. No.119/2023, decided on 20.6.2023. 4. Given the said facts, the present Writ Petitions are disposed of at this juncture, directing the Respondent Authorities to immediately process the claim of all similarly placed person in the light of the aforesaid decision of this High Court on the same subject-matter, within an outer limit of 120 days from the date of receipt of copy of this Order. 5. With aforesaid direction, the Writ Petitions are disposed of. SD/- (Bibhu Datta Guru) Judge Amardeep