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2025 DAILYLAW 3225 (CHH)

PREM PRAKASH TRIPATHI v. STATE OF CHHATTISGARH

WPS/283/2025 · 2025-01-14

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:2176 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 283 of 2025 1. Prem Prakash Tripathi S/o Shri Uditinarayan Tripathi, Aged About 64 Years Retired Sthal Sahayak At Executive Engineer, Public Works Department Jashpur, Division, Jashpur, District Jashpur, (C.G.) R/o Telitoli, Jashpur Nagar, P/s. Jashpur, District- Jashpur, (C.G.). 2. Raghunath Yadav, S/o Shri Jarman Singh Yadav, Aged About 66 Years Retired Sthal Sahayak At Executive Engineer, Public Works Department Jashpur, Division, Jashpur, District Jashpur, (C.G.) R/o Near Girls Hostel, Mahapatre Colony, Jashpur Nagar, P/s, Jashpur, District- Jashpur (C.G.). 3. Hari Prasad Sinha, S/o Shri Umeshwari Prasad Sinha, Aged About 67 Years Retired Sthal Sahayak At Executive Engineer, Public Works Department Jashpur, Division, Jashpur, District Jashpur, (C.G.), R/o Bajardand Behind Kirtan Bhawan, Jashpur Nagar, P/s Jashpur, District Jashpur (C.G.). 4. Keshav Prasad Ram, S/o Shri Pandu Ram, Aged About 63 Years Retired Driver At Executive Engineer, Public Works Department Jashpur, Division, Jashpur, District Jashpur, (C.G.), R/o Bijlitoli, Ward No. 10, Jashpur, District- Jashpur, (C.G.). ... Petitioner(s) Digitally signed by RAGHVENDRA JAT 2 versus 1. State Of Chhattisgarh Through- The Secretary, Department Of Public Works, Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur District- Raipur, (C.G.). 2. Engineer In Chief, Department Of Public Works, Nirman Bhawan, North Block, Naya Raipur (C.G.). 3. Chief Engineer, Public Works Department Bilaspur Zone, District Bilaspur (C.G.). 4. Executive Engineer, Public Works Department Jashpur, Division Jashpur, District Jashpur, (C.G.). 5. Joint Director, Treasury, Account And Pension, Ambikapur, District Surguja, (C.G.) ... Respondent(s) For Petitioners : Mr. Jeet Ram Patel, Advocate. For Respondent/State : Mr. Pratik Tiwari, Panel Lawyer. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 14/01/2025 1. By way of this writ petition, the petitioners have 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 petitioners. 3 10.2 That this Hon'ble Court may kindly be pleased to direct the respondents authorities to give benefit of leave encashment within stipulated time to the petitioners, in the interest of the justice.” 10.3 That, any other relief which the Hon'ble Court may deemed fit and proper also be granted to the petitioners, in the interest of justice. 2. Learned counsel for the petitioners submits that petitioners are retired employees of the respondent department, petitioner No. 1, 2, 3 & 4 were working as Sthal Sahayak, Sthal Sahayak, Sthal Sahayak & Driver respectively in the Public Works 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 petitioners are entitled for leave encashment. 3. 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 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, 4 this 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 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. 6. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat