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2025 DAILYLAW 3159 (CHH)

SONU VISHWAKARMA v. STATE OF CHHATTISGARH

WPS/282/2025 · 2025-01-14

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:2175 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 282 of 2025 • Sonu Vishwakarma S/o Shri Vishnu Vishvkarma Aged About 46 Years R/o House No. And Ward No. 18, Karaga, Karga, Hasda, Dhamtari, District - Dhamtari, C.G. ... Petitioner(s) versus 1. State Of Chhattisgarh Through The Secretary, Water Resource Department, New Mantralaya, Mahanadi Bhawan, New Raipur, District- Raipur, C.G. 2. State Of Chhattisgarh Through The Secretary, General Administration Department, New Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur, C.G. 3. State Of Chhattisgarh Through The Secretary, Finance Department, New Mantralaya, Mahanadi Bhawan, New Raipur, District- Raipur, C.G. 4. The Engineer-In-Chief Water Resource Department, Nirman Bhawan, North Block, Sector-19, Capital Complex Naya Raipur,atal Nagar, Raipur, C.G. Digitally signed by RAGHVENDRA JAT 2 5. The Executive Engineer Water Resource Department, Gariyaband, District- Gariyaband, C.G. 6. The Joint Director Treasury Account And Pension, Divisional Office, Raipur Division, District- Raipur, C.G. ... Respondent(s) For Petitioner : Mr. Palash Agrawal, Advocate. For Respondent/State : Mr. Suyashdhar Badgaiya, Dy. G.A. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 14/01/2025 1. By way of this writ petition, the petitioners has prayed for following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner. 10.2 That, this Hon'ble Court may kindly be pleased to issue appropriate writ and direct the respondent authorities to Grant the benefit of Leave Encashment to the petitioner along with a reasonable rate of interest, in the interest of justice. 10.3 That, this Hon'ble Court may kindly be pleased to pass an appropriate order or issue writ as deemed fit 3 under the facts and circumstances of the case.” 2. Learned counsel for the petitioner submits that the father of the petitioner is retired employee of the respondent department, who was working as work charged employee in the Water Resources Department. He further 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. 3. Learned State counsel submits that sufficient documents has not been filed by the petitioner and it is also not reflected as to whether the father of the petitioner has completed the minimum period of the service to avail the benefit of leave encashment. 4. I have heard learned counsel for parties and perused the documents available in record. 5. Be that as it may, without commenting anything on the merits, this 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 person, as in the case of Faguvaram Patel (surpa), his claim 4 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. 6. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat