Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:3185
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 458 of 2025 1 - Smt. Krishna Bai Yadav Wd/o Late Dujram Yadav Aged About 56 Years R/o
Village
Butena,
Post
Muru,
Bilaspur,
Chhattisgarh. 2 - Janmati Yadav Wd/o Late Motilal Yadav Aged About 61 Years R/o Village Lingiyadih,
Post
S.E.C.L.,
Dist.
Bilaspur
(C.G.). 3 - Varsh Yadav Wd/o Late Dinay Yadav Aged About 34 Years R/o House No. 8/515, Beside Narayan Aawati, Rajendra Nagar Bilaspur, Tah And Dist. Bilaspur
Chhattisgarh. 4 - Shukwara Bai Porte Wd/o Late Sewaram Porte, Aged About 65 Years R/o Village And Post Podi Tahsil Kota, Dist. Bilaspur, Chhattisgarh. 5 - Jag Bai Dhiwar Wd/o Late Mannu Lal Dhiwar, Aged About 62 Years R/o Vill.
Ratanpur
Nawagaon,
Kota
Bilaspur
Chhattisgarh. 6 - Sumitra Dhivar Wd/o Late Anandram Dhivar, Aged About 60 Years R/o Village Nawagaon (Karra), Post Ratanpur, Tahsil - Kota, Dist. Bilaspur Chhattisgarh. 7 - Pardeshiram Dhiwar Husband Of Late Bahura Bai Aged About 72 Years, R/o Village Nawagaon (Karra), Post - Ratanpur, Tahsil Kota Dist. Bilaspur, Chhattisgarh. YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.01.20 16:16:17 +0530
2 8 - Champa Manikpuri, Wd/o Late Pawan Das Manikpuri Aged About 55 Years R/o House No. 225, Yadav Mohalla, Badi Koni, Ward No. 04, Koni, Bilaspur, Chhattisgarh.
... Petitioners versus 1 - State Of Chhattisgarh Through The Secretary, Public Words Department, New Mantralaya, Mahanadi Bhawan New Raipur, District Raipur (C.G.). 2 - State Of Chhattisgarh Through The Secretary, General Administration Department, New Mantralaya, Mahanadi Bhawan New Raipur, District Raipur (C.G.). 3 - State Of Chhattisgarh Through The Secretary, Finance Department, New Mantralaya, Mahanadi Bhawan New Raipur, District Raipur (C.G.). 4 - The Engineer - in-Chief, Public Works Department, Niraman Bhawan, North Block, Sector- 19, Capiatal Complex Naya Raipur, Atal Nagar, Raipur (C.G.). 5 - The Superintendent Engineer, Public Works Department, Bilaspur Circle, District
-
Bilaspur
(C.G.). 6 - The Executive Engineer, Public Works Department, Bilaspur Division, District
-
Bilaspur
(C.G.). 7 - The Sub Divisional Officer, Public Works Department, Sub-Division, Bilaspur
District
-
Bilaspur
(C.G.). 8 - The Joint Director, Treasury Account And Pension, Divisional Office, Bilaspur Division, District - Bilaspur (C.G.).
... Respondents For Petitioners : Mr. R.S. Patel, Advocate
3 For Respondents : Mr. Vivek Sharma, Additional Advocate General
Hon’ble Shri Amitendra Kishore Prasad, Judge
Order on Board 17.01.2025
1. Heard Mr. R.S. Patel, learned counsel for the petitioners and Mr. Vivek Sharma, Additional Advocate General appearing for the State/respondents.
2. By filing this writ petition, the petitioners have prayed for following relief(s):- 10.1 Issue appropriate writ and direct the respondent authorities to Grant Leave Encashment to the petitioner along with an interest @24% per annum, in the interest of justice. 10.2 Issue appropriate writ and direct the respondent authorities to decide the representation of the petitioner within 03 months, in the interest of justice 10.3 Pass an appropriate order or issue writ as deemed fit under the facts and circumstances of the case.
3.
Learned counsel for the petitioners submits that husbands of the petitioners are employees of the respondent department, who was worked as Work-charged/Contingency Paid employees and whose services have been later regularized under 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
4 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 representations 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 (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 Yogesh