Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:1697
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 194 of 2025 1 - Kumbhkaran S/o Brijlal Aged About 64 Years R/o Village Khairwahi Tahsil- Dondi District- Balod, C.G. 2 - Chinta Ram S/o Late Chatur Ram Aged About 64 Years R/o Village Jabudwahi, Tahsil- Dondi, District- Balod, C.G. 3 - Smt. Amrit Bai Sahu W/o Late Makhan Lal Sahu Aged About 70 Years R/o Village- Dhudhli, Tahsil- Dondi, District- Balod, C.G. 4 - Smt. Sukhmohani Bai W/o Late. Bahur Singh Aged About 65 Years R/o Village Gondpal Tahsil And District- Balod, C.G.
... Petitioners versus 1 - State Of Chhattisgarh Through The Secretary, Public Work Department, Mahanadi Bhawan, Mantralaya Nava Raipur, District Raipur, C.G. 2 - Engineer In Chief Public Work Department, Shivnath Mandal North Block Sector 19, Atal Nagar, Nawa Raipur, District- Raipur, C.G. 3 - Chief Engineer Public Work Department Durg, Circle Durg, District- Durg, C.G. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.01.13 18:37:40 +0530
2 4 - Superintendent Engineer Public Work Department Mandal Durg, District- Durg, C.G. 5 - Executive Engineer Public Work Department (H/M) Division Balod, District- Balod, C.G. 6 - Joint Director Pension And Lok Lekha Department Durg, District- Durg, C.G.
... Respondents For Petitioners : Shri Hemant Kesharwani, Advocate. For Respondents/State : Shri Suyashdhar Badgaiya, Dy.G.A.
Hon’ble Shri Justice Amitendra Kishore Prasad
Order on Board 10/01/2025
1. Heard Shri Hemant Kesharwani, learned counsel for the petitioners and Shri Suyashdhar Badgaiya, learned Deputy Government Advocate appearing for the State/respondents.
2. Since the matter is being heard finally, as such, I.A. No.01 application for exemption from filing typed copy of documents is hereby allowed.
3. By filing this writ petition, the petitioners have prayed for following relief(s):-
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“(i)That, this Hon’ble Court may kindly be pleased to issue the direction for the respondent authorities to grant the benefit of leave encashment.”
4.
Learned counsel for the petitioners submits that the petitioners are retired employees of the respondent department, who were work charged employees working in Public Work 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 are entitled for leave encashment.
5. 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.
6. I have heard learned counsel for parties and perused the documents available in record.
7. Be that as it may, without commenting anything on the merits, this writ 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 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
4 (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 the said representation.
8. Accordingly, this writ petition stands disposed of with aforesaid observations and directions. Sd/-
(Amitendra Kishore Prasad )
JUDGE
gouri