Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:2647
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 365 of 2025
1. Makhanlal Mansarovar S/o Dayaram Aged About 68 Years R/o Village And Post Rawan, Tahsil Simga, District Balodabazar Bhatapara Chhattisgarh.
2. Baishakhu Ram S/o Feru Aged About 64 Years R/o Village And Post Hathband, Tahsil Balodabazar District Balodabazar Bhatapara Chhattisgarh.
3. Dilip Kumar Verma S/o Aatmaram Verma Aged About 63 Years R/o Village Raweli, Post Rawan, Tahsil Simga, District Balodabazar Bhatapara Chhattisgarh.
4. Jailal Yadu S/o Bhondal Yadu Aged About 65 Years R/o Vaishno Colony Ward No. 21, Balodabazar Tahsil Balodabazar, District Balodabazar Bhatapara Chhattisgarh.
5. Smt. Kekati Bai W/o Late Tularam Dhruw Aged About 69 Years R/o Village And Post Raseda, Tahsil Balodabazar, District Balodabazar Bhatapara Chhattisgarh.
... Petitioner(s) versus Digitally signed by RAGHVENDRA JAT
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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.
... Respondent(s) For Petitioner(s) : Mr. K.P. Sahu, Advocate. For Respondent(s)/State : Ms. Neelima Singh, Panel Lawyer. Hon’ble Mr. Justice Amitendra Kishore Prasad
Order on Board 16/01/2025
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 08.08.2024 passed by the Hon'ble Court in identical case bearing Writ Petition (S) No. 4615/2024, in favour
3 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 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, 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
4 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