Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:3572
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 541 of 2025 1 - Nathuram Kurrey S/o Shri Indal Kurrey Aged About 66 Years R/o Village- Jogipur, House No.- 56, Satnami Para, Post- Bhaisajhar, Dist- Bilaspur C.G. 2 - Johan Singh S/o Shri Sapuran Aged About 68 Years R/o Village-Sildaha, Post- Kota, Dist.- Bilaspur (C.G.) 3 - Radha Bai Yadaw W/o Shri Rama Yadaw Aged About 64 Years R/o Village Bansajhal, Tahsil- Kota And Dist. Bilaspur C.G. 4 - Nanki Soni W/o Shri Ramkumar Aged About 66 Years R/o Village Mohtarai, P.S.- Ratanpur Semartal Dist. Bilaspur, C.G. 5 - Chamru Ram Yadav S/o Shri Anand Ram Yadav Aged About 68 Years R/o Village Tarod, Ward No.-6, Dist-Janjgir-Champa (C.G.) 6 - Saukhi Ram S/o Shri Lakhan Aged About 70 Years R/o Village Nawagaon, Post Ratanpur, Dist. Bilaspur C.G. 7 - Melan Bai W/o Shri Bharatlal Dhiwar Aged About 64 Years R/o Village Nawagaon, Dist. Bilaspur, (C.G.) 8 - Nawab Khan S/o Shri Rajje Khan Aged About 67 Years R/o Ratanpur Ward No.-14, Karaihapara, Dist.- Bilaspur C.G. YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.01.23 16:58:51 +0530
2 9 - Narmada Bai Vastrakar W/o Shri Jwala Prasad Vastrakar Aged About 59 Years R/o Village Bharni, Dist.- Bilaspur C.G.
... Petitioners versus 1 - State Of Chhattisgarh Through- The Secretary, Public Works 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, Nirman Bhawan, North Block, Sector-19, Capital 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 Officer, Bilaspur Division, District- Bilaspur C.G.
... Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. R.S. Patel, Advocate For Respondents/State : Mr. Pratik Tiwari, P.L.
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Hon’ble Shri Amitendra Kishore Prasad, Judge
Order on Board 21.01.2025
1. Heard Mr. R.S. Patel, learned counsel for the petitioners and Mr. Pratik Tiwari, P.L., appearing for the State/respondents.
2. With the consent of learned consel for the parties the matter is heard finally, as such, the default as pointed out by the Registry is overruled.
3. 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.
4.
Learned counsel for the petitioners submits that petitioners are retired employees of the respondent department, who was worked as Work- charged/Contingency Paid employees and whose services have been later regularized under the respondent authorities. 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.
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5. 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.
6. I have heard learned counsel for parties and perused the documents available in record.
7. 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.
8. Accordingly, this writ petition stands disposed of with aforesaid observations and directions.
Sd/-
(Amitendra Kishore Prasad)
Judge Yogesh