Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:2440
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 332 of 2025 1 - Sant Ram S/o Late Shri Paras Ram Aged About 76 Years Village Bendra Nawagaon, Post Rudri, Tahsil And District Dhamtari, Chhattisgarh. 2 - Smt. Rupa Bai Chandrakar W/o Late Shri Kanhaiya Lal Chandrakar Aged About 54 Years Village Gangrel, Tahsil And District Dhamtari, Chhattisgarh. 3 - Gaindu Ram Nishad S/o Late Shri Kripa Ram Aged About 62 Years Kokdipara Rajiv Nagar Gangrel, Post Gangrel, District : Dhamtari, Chhattisgarh 4 - Gannu Das S/o Late Shri Ladu Das Aged About 64 Years Village Gangrel,
Tahsil
And
District
Dhamtari,
Chhattisgarh. 5 - Suresh Kumar Ganda S/o Late Shri Halalkhor Aged About 62 Years Village And Post Gangrel, Tahsil And District Dhamtari, Chhattisgarh. 6 - Bhikham Singh S/o Bahadur Singh Aged About 72 Years R/o Village And Post Kukrel, Tahsil Nagri, District Dhamtari, Chhattisgarh. 7 - Suresh Kumar Nishad S/o Late Shri Shobha Ram Aged About 36 Years R/o Village And Post Gangrel, Tahsil And District Dhamtari, Chhattisgarh. ... Petitioners VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR
2 versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Water Resource Department Bhawan, Atal Nagar, New Raipur, District : Raipur,
Chhattisgarh 2 - Engineer In Chief Department Of Water Resource Shivnath Bhawan, Atal
Nagar,
Raipur,
District
Raipur,
Chhattisgarh. 3 - Chief Engineer Mahanadi Reservoir Project Water Resources Department
Raipur,
District
Raipur,
Chhattisgarh. 4 - Superintending Engineer Department Of Water Resources (E/m) New Civil Line, Raipur, District Raipur, Chhattisgarh. 5 - Superintending Engineer, Department Of Water Resources Dam Circle
Rudri
District
Dhamtari,
Chhattisgarh. 6 - Executive Engineer (Electric/ Mechanic) Department Of Water Resources
Rudri,
District
:
Dhamtari,
Chhattisgarh 7 - Executive Engineer, Water Managment Division Code No. 38, Rudri, District : Dhamtari, Chhattisgarh
... Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioners :- Mr. Ajay Shrivastava, Advocate For State :- Mr. Pratik Tiwari, P.L. ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 15.01.2025
1. By way of this writ petition, the petitioners have prayed for following reliefs:-
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“10.1 That, this Hon'ble Court may kindly be pleased to issue similar direction for grant of leave encashment as per Annexure P-3 within stipulated time, in the interest of justice.
10.2 Any other relief which may be deemed fit granted by this Hon'ble Court in favour of the petitioners in the interest of justice.”
2. Learned counsel for the petitioner submits that petitioners No. 1 to 3 are legal heirs of the deceased work-charged employees and petitioners No.4 to 6 are the retired employees of the respondent department, who were working as class-IV employee/work- charged employees in the Respondent Department. 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 petitioners were 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 off 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
4 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 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 off with aforesaid observations and directions. sd/- (Amitendra Kishore Prasad) Judge Vishakha