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2025 DAILYLAW 3306 (CHH)

GOPAL SAHU v. STATE OF CHHATTISGARH

WPS/324/2025 · 2025-01-15

Shri Amitendra Kishore Prasad

body2025

Judgment text

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1 2025:CGHC:2438 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 324 of 2025 1. Gopal Sahu S/o Buduram Sahu Aged About 73 Years R/o Village Tata, Post Manpasar, Tahsil Bilaigarh, District Balodabazar- Bhatapara Now Sarangarh-Bilaigarh Chhattisgarh. 2. Parasram Sahu S/o Ghasiram Sahu Aged About 70 Years R/o Village Mudpar, Post Sarsiwa, Tahsil Bilaigarh, District Balodabazar-Bhatapara Now Sarangarh-Bilaigarh Chhattisgarh. 3. Hulesh Ram Sahu S/o Nanki Sahu Aged About 68 Years R/o Village Tata, Post Manpasar, Tahsil Bilaigarh, District Balodabazar-Bhatapara Now Sarangarh-Bilaigarh Chhattisgarh. 4. Smt. Kanta Bai W/o Pardeshi Yadav Aged About 74 Years R/o Village Tata, Post Manpasar, Tahsil Bilaigarh, District Balodabazar-Bhatapara Now Sarangarh-Bilaigarh Chhattisgarh. 5. Awadhram Satnami S/o Nanki Aged About 66 Years R/o Village Kodwa, Post Sarsiwa, Tahsil Bilaigarh, District Balodabazar- Bhatapara Now Sarangarh-Bilaigarh Chhattisgarh. 6. Ravindra Kumar Gautam S/o Gurud Singh Gautam Aged About 68 Years R/o Village Kodwa, Post Sarsiwa, Tahsil Bilaigarh, District Balodabazar-Bhatapara Now Sarangarh-Bilaigarh Chhattisgarh. 7. Smt. Usha Bai Ratnakar W/o Late Ramlal Ratnakar Aged About 64 Years R/o Village Kodwa, Post Sarsiwa, Tahsil Bilaigarh, Digitally signed by RAGHVENDRA JAT 2 District Balodabazar-Bhatapara Now Sarangarh-Bilaigarh Chhattisgarh. 8. Smt. Chhatmati Yadav W/o Late Madanlal Yadav Aged About 69 Years R/o Village Kodwa, Post Sarsiwa, Tahsil Bilaigarh, District Balodabazar-Bhatapara Now Sarangarh-Bilaigarh Chhattisgarh. 9. Shaibu Ram Sahu S/o Parasram Sahu Aged About 67 Years R/o Village Tata, Post Manpasar/sarsiwa, Tahsil Bilaigarh, District Balodabazar-Bhatapara Now Sarangarh-Bilaigarh Chhattisgarh. 10. Kanhaiya Lal Sahu S/o Harisingh Sahu Aged About 75 Years R/o Village Bilaspur, Post Manpasar, Tahsil Bilaigarh, District Balodabazar-Bhatapara Now Sarangarh-Bilaigarh Chhattisgarh. 11. Ghasiya Yadav S/o Gopi Yadav Aged About 71 Years R/o Village Kodwa, Post Sarsiwa, Tahsil Bilaigarh, District Balodabazar- Bhatapara Now Sarangarh-Bilaigarh Chhattisgarh. 12. Radheshyam Sahu S/o Hirasingh Aged About 69 Years R/o Village Bilaspur, Post Manpasar, Tahsil Bilaigarh, District Balodabazar-Bhatapara Now Sarangarh-Bilaigarh Chhattisgarh. 13. Umend Ram Kenwat S/o Dayaram Kenvat Aged About 72 Years R/o Village And Post Dhansir, Tahsil Bilaigarh, District Balodabazar-Bhatapara Now Sarangarh-Bilaigarh Chhattisgarh. 14. Umend Ram Sahu S/o Vijay Ram Sahu Aged About 69 Years R/o Village Bandari, Post Bhatgaon, Tahsil Bilaigarh, District Balodabazar-Bhatapara Now Sarangarh-Bilaigarh Chhattisgarh. 15. Smt. Janki Bai W/o Late Mahettar Kenwat Aged About 62 Years R/o Village And Post Saliha, Tahsil Bilaigarh, District Balodabazar-Bhatapara Now Sarangarh-Bilaigarh Chhattisgarh ... Petitioner(s) versus 3 1. State Of Chhattisgarh Through Secretary, Public Work Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur, District Raipur Chhattisgarh. 2. Director Directorate Of Public Work Department, Raipur, District Raipur Chhattisgarh. 3. The Joint Director Treasury Accounts And Pension, Balodabazar, District Balodabazar-Bhatapara Chhattisgarh. 4. The Executive Engineer Public Work Department Division Balodabazar, District Balodabazar-Bhatapara Chhattisgarh. 5. Sub Divisional Officer Public Work Department Division Balodabazar, District Balodabazar-Bhatapara Chhattisgarh. 6. Sub Divisional Officer Public Work Department Division Bilaigarh, District Sarangarh-Bilaigarh Chhattisgarh ... Respondent(s) For Petitioners : Mr. K. P. Sahu, Advocate. For Respondent/State : Ms. Neelima Singh, Panel Lawyer. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 15/01/2025 1. By way of this writ petition, the petitioners have prayed for following reliefs:- “i) That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, thereby directing the respondent authorities to grant the benefits of leave encashment of 120 days as per the order dated 4 08.08.2024 passed by the Hon'ble Court in identical case (S) bearing Writ Petition No. 4615/2024, in favour of the petitioners, with interest from the date of entitlement to its actual payment, in the interest of justice. (ii) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.” 2. Learned counsel for the petitioners submits that petitioners are retired employees of the respondent department, who were working in the Public Work 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, this petition is disposed of giving liberty to the petitioners to make detailed representation before the concerned respondent / 5 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