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2025 DAILYLAW 3360 (CHH)

SANATAN v. STATE OF CHHATTISGARH

WPS/430/2025 · 2025-01-17

Shri Amitendra Kishore Prasad

body2025

Judgment text

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1 2025:CGHC:3054 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 430 of 2025 1. Sanatan S/o Shri Banshi Dhar Das Aged About 65 Years R/o Near Hanuman Mandir, Dehen Para, District Bilaspur Chhattisgarh. 2. Smt. Kunti Bai Manikpuri W/o Late Mohan Das Manikpuri Aged About 59 Years R/o Shubham Mohalla, Uslapur, Sakri, District Bilaspur Chhattisgarh. 3. Smt. Laxmi Sharma W/o Late Shri Miththu Lal Sharma Aged About 63 Years R/o Tolgi Road Ramhepur, Lormi District Mungeli Chhattisgarh. ... Petitioner(s) versus 1. State Of Chhattisgarh Through Secretary, Department Of Public Works, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh. 2. Engineer In Chief Public Works Department, Indrawati Bhawan, New Raipur, District Raipur, Chhattisgarh. 3. Executive Engineer Public Works Department, Division No. 1 Bilaspur, District Bilaspur Chhattisgarh. 4. Joint Director Treasury, Account And Pension, Bilaspur, District Bilaspur, Chhattisgarh. Digitally signed by RAGHVENDRA JAT 2 ... Respondent(s) For Petitioner(s) : Mr. Samyak Singhai Jain, Advocate on behalf of Mr. Mayank Kumar, Advocate. For Respondent(s)/State : Mr. Khulesh Sahu, Panel Lawyer. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 17/01/2025 1. By way of this writ petition, the petitioners have prayed for following reliefs:- “10.1) The Hon'ble Court may kindly be pleased to call for the entire records leading to the impugned action of the respondents, for the kind perusal of this Hon'ble Court. 10.2) The Hon'ble Court may further kindly be pleased to direct the respondents to release the entire amount of leave encashment as entitled to the petitioner, in light of the judgment passed by this Hon'ble Court in matter of Faguvaram Patel and others v. State of Chhattisgarh and Ors.- WPS No. 3870 of 2021 and other connected matters. 10.3) Any other relief which this Hon'ble Court deems fit and proper may also kindly be granted to the petitioner, in the interest of justice.” 3 2. Learned counsel for the petitioners submits that the petitioner No. 1 and husband of petitioners No. 2 & 3 are retired employees of the respondent department, petitoner No. 1 was working as skilled gang labour, husband of petitioner No. 2 was working as telephone attendent and husband of petitioner No. 3 was working as Time Keeper 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 has not been filed by the petitioners and it is also not reflected as to whether the petitioner No. 1, husband of petitioner No. 2 and husband of petitioner No. 3 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), his 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