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2025 DAILYLAW 2382 (CHH)

INAYAT AHMAD v. STATE OF CHHATTISGARH

WPS/249/2025 · 2025-01-14

Shri Amitendra Kishore Prasad

body2025

Judgment text

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1 2025:CGHC:2135 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 249 of 2025 1 - Inayat Ahmad S/o Mohmmad Ahmad Aged About 70 Years R/o Ward No. 13 Manas Chowk Gariyaband Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Water Resource Department Shivnath Bhawan, Atal Nagar, New Raipur, District Raipur Chhattisgarh 2 - Engineer In Chief Department Of Water Resources Shivnath Bhawan Atal Nagar Raipur, District Raipur Chhattisgarh 3 - Executive Engineer Water Resources Division Gariyaband District Gariyaband Chhattisgarh ... Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioner :- Mr. Ajay Shrivastava, Advocate For State :- Ms. Neelima Singh, P.L. ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 14.01.2025 1. By way of this writ petition, the petitioner has prayed for following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to issue similar direction for grant of leave VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 encashment as per Annexure P-2 within stipulated time, in the interest of justice.” 2. Learned counsel for the petitioner submits that petitioner is retired employee of the respondent department, who were working as work charge employee in the Water Resources 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 petitioner was entitled for leave encashment. 3. 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 the service to avail the benefit of leave encashment. 4. I have heard learned counsel for parties and perused the documents available in record. 5. Be that as it may, without commenting anything on the merits, this petition is disposed off 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 3 Faguvaram Patel (Supra) expeditiously preferably within the period of ‘90 days’ from the date of submission of the said representation. 6. Accordingly, this petition stands disposed off with aforesaid observations and directions. sd/- (Amitendra Kishore Prasad) Judge Vishakha