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2025 DAILYLAW 2805 (CHH)

NARSINGH THAKUR v. STATE OF CHHATTISGARH

WPS/317/2025 · 2025-01-15

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:2403 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 317 of 2025 1 - Narsingh Thakur S/o Madan Singh Thakur Aged About 63 Years R/o Metguda Jawahar Nagar Ward No. 24 Jagdalpur District- Bastar ( C.G.). 2 - Surendra Kumar Shardul S/o Lakhan Shardul Aged About 64 Years Satyanarayan Badera Gali Lal Bagh Amaguda, Jagdalpur Distt- Bastar ( C.G.). 3 - Murari Dewangan S/o Tulsiram Dewangan Aged About 63 Years R/o 79 Pujari Para Jhar Umar Gaon Chhote Deoda Distt- Bastar (C.G.). 4 - Laxman Yadav S/o Shankar Yadav Aged About 72 Years R/o House No. 156 Atal Nagar Bihari Bajpai Ward No. 38 Near Dr. Soni House Dharampura No. 01 Jagdalpur Distt- Bastar ( C.G.). ... Petitioners versus 1 - State Of Chhattisgarh Through- The Secretary, Public Works Department, Mahanadi Bhawan, Mantralaya, New Raipur, Atal Nagar District- Raipur ( C.G.). 2 - The Engineer In Chief Public Works Department, District- Raipur ( C.G.). GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.01.15 20:06:12 +0530 2 3 - The Chief Engineer Public Works Department National Highway Division Distt- Raipur ( C.G.). 4 - The Superintendent Engineer Public Works Department National Highway Division Distt- Raipur ( C.G.). 5 - The Executive Engineer Public Works Department National Highway Division Jagdalpur Distt- Bastar ( C.G.). ... Respondents For Petitioners : Shri Vikash A. Shrivastava, Advocate. For Respondents/State : Shri Kanwaljeet Singh Saini, PL. Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 15/01/2025 1. Heard Shri Vikash A. Shrivastava, learned counsel for the petitioners and Shri Kanwaljeet Singh Saini, learned Panel Lawyer appearing for the State/respondents. 2. Since the matter is heard and decided finally, as such, default pointed out by the Registry is ignored. 3. By filing this writ petition, the petitioners have prayed for following relief(s):- 3 “(i)To issue an appropriate writ or order to direct the respondent’s authority to grant the benefits of leave encashment in favour of the petitioners. (ii)Any other relief deemed fit in the facts and circumstances including award of cost of the petition may also be granted.” 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 Works 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 4 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 (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