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2025 DAILYLAW 27929 (CHH)

DHAN BAI YADAV v. STATE OF CHHATTISGARH

WPS/5766/2025 · 2025-06-22

Shri Ravindra Kumar Agrawal

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:26705 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5766 of 2025 1 - Dhan Bai Yadav W/o Late Shri Ghana Ram Yadav Aged About 66 Years R/o House No. 89, Fokatpara, Gaurbhat, Arang District- Raipur (C.G.) 2 - Chitrarekha Dhiwar W/o Late Shri Lakhan Lal Machhuvara Aged About 46 Years R/o Ward No. 20, Charauda, Dheevar Para, Charauda-2, Bhilai, District Durg (C.G.) 3 - Smt. Parvati Sinha W/o Late Shri Ishwar Sinha Aged About 55 Years R/o Gram Panchayat Pacheda, Gayatri Chowk, Post Kurru, Tahsil Abhanpur, District Raipur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Public Works Department, Mahanadi Bhawan, Atal Nagar, Naya Raipur Chhattisgarh 2 - The Superintending Engineer Public Works Department, Raipur, District- Raipur (C.G.) 3 - The Executive Engineer Public Works Department, Division No. 3, Raipur, District- Raipur (C.G.) 4 - The Divisional Joint Director Treasury, Accounts And Pension, Raipur District Raipur (C.G.) ... Respondent(s) 2 For Petitioner(s) : Mr. Ujjwal Choubey, Advocate For Respondent(s) : Mr. Kanwaljeet Singh Saini, P.L. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 23/06/2025 1. Learned counsel for the petitioners would submit that petitioners are retired employees of the respondents’ Departments and were working as Work Charged Contingency paid employees. It is further submitted that in light of judgment passed by this Court in WPS No. 3870 of 2021 (Faguvaram Patel and others v. 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 respondents/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 3 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, the present petition stands disposed of with aforesaid observation and direction. Sd/- (Ravindra Kumar Agrawal) Judge sagrika SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.07.02 15:02:26 +0530