Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:2134
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 246 of 2025 1 - Punit Ram Pal S/o Dukhu Ram Pal Aged About 64 Years R/o Village Nawagaon, Post- Rudri, Tahsil And District- Dhamtari (C.G.) 2 - Nand Kumar Yadav S/o Late Sakharam Yadav Aged About 63 Years R/o Village Mudpar, Tahsil And District- Dhamtari (C.G.) 3 - Sharavan Kumar W/o Late Ram Singh Aged About 63 Years R/o Village Mudpar, Tahsil And District- Dhamtari (C.G.) 4 - Smt. Kaushilya Bai Nishad W/o Kumar Nishad Aged About 74 Years R/o Village Mudpar, Tahsil And District- Dhamtari (C.G.) 5 - Smt. Kumar Bai W/o Late Santu Ram Nishad Aged About 60 Years R/o Village Achhota, Tahsil And District- Dhamtari (C.G.) 6 - Moharsai Prasad Chauhan S/o P. C. Chauhan Aged About 74 Years R/o Irrigation Colony Rudri, Tahsil And District- Dhamtari (C.G.) 7 - Chaitu Ram Halba S/o Birjhu Ram Aged About 66 Years R/o Village Banraud,
Tahsil
Nagri,
District-
Dhamtari
(C.G.) 8 - Sonsay Gond S/o Late Bhikh Ram Aged About 66 Years R/o Madamsilli Banraud, Tahsil Banraud Tahsil- Nagri District- Dhamtari (C.G.) 9 - Dev Singh Dhruw S/o Devar Singh Aged About 66 Years R/o Madamsilli Banraud, Tahsil Banraud Tahsil- Nagri District- Dhamtari (C.G.) 10 - Sadhu Ram Yadav S/o Ram Bharosa Aged About 74 Years R/o Banraud,
Tahsil-
Nagri
District-
Dhamtari
(C.G.) 11 - Smt. Mathura Bai Dhruw W/o Bachan Ram Aged About 55 Years R/o Madamsilli Banraud, Tahsil- Nagri, District- Dhamtari (C.G.) VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR
2 12 - Ramjee S/o Rajauram Aged About 63 Years R/o Banraud, Tahsil- Nagri,
District-
Dhamtari
(C.G.) 13 - Smt. Belo Bai Netam W/o Sukhu Ram Netam Aged About 65 Years R/o Dhodhrapahar, Tahsil- Koilebeda District- Uttar Bastar Kanker, (C.G.) 14 - Smt. Mina Chandrakar W/o Mahabir Chandrakar Aged About 64 Years R/o Jamgaon, Tahsil- Patan, District- Durg (C.G.)
... Petitioners versus 1 - State Of Chhattisgarh Through, The Secretary, Water Resources Department Mahanadi Bhawan Atal Nagar Raipur (C.G.) 2 - Engineer In Chief Water Resources Department Raipur District- Raipur,
Chhattisgarh 3 - Chief Engineer Mahanadi Jalasay Pariyojana, Water Resources Department
Raipur,
District-
Raipur
(C.G.) 4 - Executive Engineer Water Management Division- Rudri, Tahsil And District-
Dhamtari
(C.G.) 5 - Executive Engineer Bodhghat Bandh Division, Dantewada (Chhattisgarh) 6 - Executive Engineer E/m Heavy Machinery Division Mahanadi Jalasay Project Rudri, Tahsil And District- Dhamtari (C.G.)
...
Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioners :- Mr. Hemant Kesharwani, Advocate For State :- Mr. Kanwaljeet Singh Saini, P.L. ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 14.01.2025
1. By way of this writ petition, the petitioners have prayed for
3 following reliefs:-
“10.1 That, this Hon'ble Court may kindly be pleased to issue the direction for the respondent authorities to grant the benefit of leave encashment.”
2. Learned counsel for the petitioners submits that petitioners are retired employees of the respondent department, who were working as class-IV employees 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 petitioners were entitled for leave encashment. 3. 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 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 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 documents to substantiate their claim. In the event of filing of representation, on due verification, if the petitioners are found to be similarly situated
4 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. 6. Accordingly, this petition stands disposed off with aforesaid observations and directions. sd/- (Amitendra Kishore Prasad) Judge Vishakha