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2025 DAILYLAW 3275 (CHH)

PYARELAL VASTRAKAR v. STATE OF CHHATTISGARH

WPS/432/2025 · 2025-01-17

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:3055 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 432 of 2025 • Pyarelal Vastrakar S/o Late Dhultu Ram Vastrakar Aged About 70 Years Retired (Electrician) From The Office Of Executive Engineer, E/m, Heavy Machinery Division, Water Resource Department, Raipur. --- R/o Satbahiniya Para, Bajrang Chowk, Dr. Rajendra Nagar, Raipur, District Raipur, Chhattisgarh. ... Petitioner(s) versus 1. State Of Chhattisgarh Through Secretary, General Administration Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, Tahsil And District - Raipur, Chhattisgarh, Pin 492002. 2. State Of Chhattisgarh, Through Secretary, Water Resource Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, Tahsil And District - Raipur, Chhattisgarh, Pin 492002. 3. State Of Chhattisgarh, Through Secretary, Finance Department Mahanadi Bhawan, Mantralaya, Naya Raipur, Tahsil And District - Raipur, Chhattisgarh Pin 492002. 4. Engineer-In-Chief, Water Resource Department, Sector - 19, Sivnath Bhawan, Nava Raipur, Atal Nagar, District Raipur Chhattisgarh. 5. Executive Engineer, E And M Heavy Earthmoving Machinery Division, Raipur, Sihava Bhavan, Civil Line, Main Road, Near Civil Line Police Station, Raipur, District Raipur, Chhattisgarh. Digitally signed by RAGHVENDRA JAT 2 ... Respondent(s) For Petitioner(s) : Mr. Vaibhav P. Shukla, Advocate. For Respondent(s)/State : Ms. Shailja Shukla, Dy. G.A. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 17/01/2025 1. By way of this writ petition, the petitioner has prayed for following reliefs:- “10.1. That, Hon'ble Court may kindly be pleased to issue writ/writs, order/orders, direction/directions to the Respondent authorities to grant leave encashment to the Petitioner in the light of judgment passed in W.P. (S) No. 3870/2021 in Faguvaram Patel & Ors. Vs. State of C.G. decided on 30/09/2022 by this Hon'ble High Court, within a stimulated time. 10.2. Any other relief that the Hon'ble court may deem fit in the facts and circumstances of the case may also be granted in favour of the petitioners against the respondents.” 2. Learned counsel for the petitioner submits that petitioner is retired employee of the respondent department, who was working as work charge establishment in the Water Resource Department. He further submits that in the light of judgment passed by this Court in Writ Petition (S) No.3870 of 2021 (Faguvaram Patel & 3 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 have not been filed by the petitioner and it is also not reflected as to whether 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 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