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2025 DAILYLAW 25008 (CHH)

MOHARSAY v. STATE OF CHHATTISGARH

WPS/4124/2025 · 2025-06-11

Shri Ravindra Kumar Agrawal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:CGHC:23667 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4124 of 2025 1 - Moharsay S/o Shri Sitaram Sidar Aged About 65 Years R/o Makan No. 40/2, Mukhyabasti, Amalibhauna, Pussore, District Raigarh, Chhattisgarh 2 - Kanhaiya S/o Shri Negi Sidar Aged About 68 Years R/o House No. 44/1, Damdarha, Raigarh, District Raigarh, Chhattisgarh 3 - Padman Painka S/o Shri Kripa Das Aged About 64 Years R/o Tetla, Raigarh, District Raigarh, Chhattisgarh 4 - Ramesh Kumar Yadav S/o Shri Bhuneshwar Yadav Aged About 69 Years R/o Ambedkar Ward, Dewangan Para, Mungeli, District Mungeli, Chhattisgarh 5 - Banvasa Bai Suryawanshi W/o Late Shri Netram Suryawanshi Aged About 50 Years Neora, District Bilaspur, Chhattisgarh 6 - Gopal Das Manikpuri S/o Shri Sukrit Das Aged About 61 Years R/o Jewara, Sarangarh, District Sarangarh-Bilaigarh, 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 3 - Executive Engineer Public Works Department, National Highway Division Bilaspur, District Bilaspur, Chhattisgarh 4 - Executive Engineer Public Works Department, Division No.2, Mungeli, District Mungeli, Chhattisgarh 5 - Executive Engineer Public Works Department, Pendra Road, District Gourella-Pendra- Marwahi, Chhattisgarh 6 - Joint Director Treasury Account And Pension, Bilaspur, District Bilaspur, Chhattisgarh ... Respondents (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Petitioners : Shri Anirudh Singh, Advocate on behalf of Shri Shahil Singh, Advocate For Respondents/State : Shri Ajit Singh, GA ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 12.06.2025 Digitally signed by V PADMAVATHI Date: 2025.06.13 14:55:26 +0530 Wps 4124 of 2025 2 1. Learned counsel for the petitioners would submit that petitioners are retired employees of the Public Works Department, and were working as Work Charged Contingency paid employees. It is further submitted that in light of judgment passed by this Court in WPS-3870 of 2021 (Faguvaram Patel, and others Vs State of Chhattisgarh and others), and other connected matters, decided on 30.09.2022, present petitioners are also entitled for leave encashment. 2. Learned State counsel would submit 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 service to avail the benefit of leave encashment. 3. Heard learned counsel for the parties and perused the documents on record. 4. Be that as it may, without commenting anything on merits of the case, this petition is disposed of giving liberty to the petitioners to make a detailed representation before the concerned respondent/ competent authority within a period of 30 days from the date of receipt of copy of this order with all necessary documents to substantiate their claim. In that event, on due verification, if the petitioners are found to be similarly situated persons as in the case of Faguvaram Patel (supra), their claim shall be decided by the respondents in light of judgment passed in that case expeditiously, preferably within a period of 90 days from the date of submission of the said representation. 5. Accordingly, petition stands disposed of with aforesaid observation and direction. Sd/- (Ravindra Kumar Agrawal) JUDGE padma