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2025 DAILYLAW 3392 (CHH)

SANDHYA GUPTA v. STATE OF CHHATTISGARH

WPS/527/2025 · 2025-01-21

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:3561 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 527 of 2025 Sandhya Gupta W/o Dinesh Gupta Aged About 71 Years R/o 34/395, Jagmal Chowk, Station Road, Dist. Bilaspur, C.G. 495001. ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Public Health Engineering Department, Neer Bhawan, Main Road Civil Lines, Raipur, District Raipur (C.G.). 2 - Engineer in Chief, Public Health Engineering Department, Indravati Bhavan, Atal Nagar, Nava Raipur, District Raipur (C.G.). 3 - Superintending Engineer, Public Health Engineering Division, Office Near Nag-Nagin Pond, In Front Of Pratham Hospital, Bahtrai, Bilaspur Chhattisgarh. 4 - Executive Engineer, Public Health Engineering Department Block Bilaspur, Old Composite Building, Bilaspur, Chhattisgarh. 5 - Collector - Bilaspur, Collectorate, Bilaspur, District Bilaspur (C.G.). 6 - Divisional Joint Director, Treasury Account And Pension - Bilaspur Division, Bilaspur District Bilaspur (C.G.). ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Yash Verma, Advocate For Respondents : Mr. Shailendra Shukla, Dy. Govt. Advocate YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.01.23 16:56:07 +0530 2 Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 21.01.2025 1. Heard Mr. Yash Verma, learned counsel for the petitioner and Mr. Shailendra Shukla, Dy. Govt. Advocate, appearing for the State/respondents. 2. By filing this writ petition, the petitioner has prayed for following relief(s):- “10.1 That the Hon’ble Court may kindly be pleased to issue appropriate Writ(s)/Order(s)/Direction(s) to direct the respondents to grant the unpaid amount of leave encashment as per the rules and grant consequential reliefs thereof, 10.2 That the Hon’ble Court may kindly be pleased to issue appropriate Writ(s)/Order(s)/Direction(s) to direct the respondents to grant interest @ 12% per annum on the amount of leave encashment which remained unpaid since the date of retirement of the petitioner. 10.3 Any other relief which this Hon’ble Court may deem fit and proper according to the facts and circumstances of the case along with the cost of the petition.” 3. Learned counsel for the petitioner submits that petitioner is retired employees of the respondent department, who was working as work charged/contingency paid employee 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 petitioner is entitled for leave encashment. 4. Learned State counsel submits that sufficient documents have not been filed by the petitioner and it is also not reflected as to whether the petitioner has 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 3 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 petitioner 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 her claim. In the event of filing of representation, on due verification, if the petitioner is found to be similarly situated persons, as in the case of Faguvaram Patel (surpa), her 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