Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:2406
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 281 of 2025 1 - Johanu Dhimar S/o Kalaram Dhimar Aged About 73 Years R/o Village Lawanbad, Post Pangaon, Tahsil Balodabazar, District : Balodabazar- Bhathapara, Chhattisgarh 2 - Smt. Jhuni Bai Yadav W/o Late Kanshiram Yadav Aged About 73 Years R/o Village And Post Hathband, Tahsil Balodabazar, District : Balodabazar- Bhathapara, Chhattisgarh 3 - Baldev Manikpuri S/o Dukhuram Aged About 75 Years R/o Village Bitkuli, Post Pangaon, Tahsil Simga, District : Balodabazar-Bhathapara, Chhattisgarh 4 - Rajnarayan Verma S/o Rambharos Aged About 75 Years R/o Village Koliha, Post Bagbuda, Tahsil Balodabazar, District : Balodabazar-Bhathapara, Chhattisgarh
... Petitioners versus 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-Bhathapara, Chhattisgarh 4 - The Executive Engineer, Public Work Department, Division Balodabazar, District : Balodabazar-Bhathapara, Chhattisgarh GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.01.15 20:01:41 +0530
2 5 - Sub Divisional Officer Public Work Department Division Balodabazar, District : Balodabazar-Bhathapara, Chhattisgarh
... Respondents For Petitioners : Shri K.P. Sahu, Advocate. For Respondents/State : Shri Suyashdhar Badgaiya, Dy.G.A. Hon’ble Shri Justice Amitendra Kishore Prasad
Order on Board 15/01/2025
1. Heard Shri K.P. Sahu, learned counsel for the petitioners and Shri Suyashdhar Badgaiya, learned Deputy Government Advocate appearing for the State/respondents.
2. By filing this writ petition, the petitioners have prayed for following relief(s):-
“(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 08.08.2024 passed by the Honble Court in identical case bearing Writ Petition (S) No. 4615/2024, in favour of the petitioners, with interest from the date of entitlement to its actual payment, in the interest of justice.
3 (ii) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.”
3.
Learned counsel for the petitioners submits that the petitioners are retired employees of the respondent department, who were work charged employees working in Public Work Department, Baloda Bazar. 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 are entitled for leave encashment.
4. 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 service to avail the benefit of leave encashment.
5. I have heard learned counsel for parties and perused the documents available in record.
6. Be that as it may, without commenting anything on the merits, this writ 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
4 (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.
7. Accordingly, this writ petition stands disposed of with aforesaid observations and directions. Sd/-
(Amitendra Kishore Prasad )
JUDGE
gouri