Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:1428
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 137 of 2025 1 - Tularam Dubey S/o Late Shri Bhukhan Lal Dubey Aged About 62 Years R/o Village Belmundi, Po Sakri, Tahsil Takhatpur, District Bilaspur (Chhattisgarh) 2 - Anjor Singh Dhruv S/o Late Shri Narsing Dhruv Aged About 58 Years R/o Ward No. 16, Near Atal Chowk, Village Nagpura, Sirgitti, Bilaspur, District
Bilaspur,
Chhattisgarh 3 - Girjabai W/o Shri Rajkumar Aged About 63 Years R/o Village Birkona, Ward No. 20, Bilaspur, District Bilaspur, Chhattisgarh 4 - Sushila Soni W/o Late Shri Ramchandra Soni Aged About 53 Years R/o Ward No. 1, Chhaparwa, Mungeli, District Mungeli, Chhattisgarh 5 - Gayatri Bai Thakur W/o Late Shri Ishwar Singh Thakur Aged About 70 Years R/o Behind Sarbahaniya Mandir, Sarkanda, Bilaspur, District Bilaspur, Chhattisgarh
... Petitioner(s) 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 Digitally signed by RAVI SHANKAR MANDAVI
2 3 - Executive Engineer Public Works Department, Division No. 1 Bilaspur,
District
Bilaspur,
Chhattisgarh 4 - Executive Engineer Public Works Department, Division No. 2 Bilaspur,
District
Bilaspur,
Chhattisgarh 5 - Joint Director Treasury Account And Pension, Bilaspur, District Bilaspur, Chhattisgarh
... Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Mr. Mayank Kumar, Advocate For State/Respondent(s) : Mr. Suyashdhar Badgaiya, Dy. G A Hon'ble Shri Justice
Amitendra Kishore Prasad
Order on Board 09/01/2025
1. Heard.
2. By way of this writ petition, the petitioners have prayed for following reliefs:
“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.
3 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.”
3. Learned counsel for the petitioners submits that the petitioner No.1, 2 and 3 and husband of petitioner No.4 and 5 are retired employees of the respondent department. Thereby, the petitioners are receiving their respective pensions amounts from the respondent Public Works Department. Learned counsel for the petitioners 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.
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 petition is disposed of giving liberty to the petitioners 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
4 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 their said representation.
7. Accordingly, this petition stands disposed of with aforesaid observations and directions.
Sd/-
(Amitendra Kishore Prasad) Judge
Ravi Mandavi