Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:2402
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 314 of 2025 Hanuman Chourasiya S/o Ramprashad Chourasiya Aged About 64 Years R/o Khadakghat (Bagicha Ghera) Praveerchandra Ward No. 01 Jagdalpur District - Bastar (C.G.)
... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary Water Resource Department Mahanadi Bhawan Mantralaya Naya Raipur Tahsil And District - Raipur (C.G.) 2 - Chief Engineer Mahanadi Godavari Kachhar Water Resource Department Tahsil And District - Raipur (C.G.) 3 - Joint Director Treasury Account And Pension Tahsil And District - Raipur (C.G.) 4 - Supritendent Engineer Water Resource And Ground Water Survey Board Tahsil And District - Raipur (C.G.) 5 - Executive Engineer E/M Light Machinery Tubwel And Gate Division Water Resource Department Tahsil And District - Raipur (C.G.) GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.01.15 20:08:59 +0530
2 6 - S.D.O. E/M Light Machinery Tubwel And Gate Sub Division Water Resource Department Jagdalpur District -Bastar (C.G.) 7 - Sub Engineer E/M Light Machinery Tubwel And Gate Sub Division Water Resource Department Jagdalpur District - Bastar (C.G.)
... Respondents For Petitioner : 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 petitioner 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 petitioner has prayed for following relief(s):-
“(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 petitioner.
3 (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 petitioner submits that petitioner is retired employees of the respondent department, who was work charged employee working in Water Resource Department, Jagdalpur. 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 petitioner is entitled for leave encashment.
5. Learned State counsel submits that sufficient documents have not been filed by the petitioner and it is also not reflected as to whether the petitioner has 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 petitioner 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 his claim. In the event of filing of representation, on due verification, if the petitioner is found to be similarly situated persons, as in the case of Faguvaram Patel (surpa), his claim shall be decided by the respondents in light of
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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