1 2025:CGHC:3568 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 546 of 2025 • Sneha Pathak W/o Late Santosh Pathak Aged About 57 Years R/o Ward No. 14, Behind Maharshi School, Shubham Vihar, Mangla, Dist. Bilaspur, C.G. ... Petitioner(s) 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, Bilapsur, District- Bilaspur, C.G. 6. Divisional Joint Director Treasury Accounts And Pensions- Bilaspur Division, Bilapsur, District- Bilaspur, C.G. ... Respondent(s) Digitally signed by RAGHVENDRA JAT 2 For Petitioner(s) : Mr. Yash Verma, Advocate. For Respondent(s)/State : Ms. Poorva Tiwari, Panel Lawyer. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 21/01/2025 1. By way of this writ petition, the petitioner has prayed for following reliefs:- “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.” 2. Learned counsel for the petitioner submits that the husband of the petitioner initially started to work as helper at District- Bilaspur in the respondent department and subsequently on 3 07.09.1985 service of the husband of the petitioner was absorbed in the work charged / contingency paid employee establishment, who was working as work charged / contingency paid employee establishment in the Public Health Engineering 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 petitioner is entitled for leave encashment. 3. Learned State counsel submits that sufficient documents has not been filed by the petitioner and it is also not reflected as to whether the husband of the petitioner has 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 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 his claim. In the event of filing of representation, on due verification, if the petitioner is found to 4 be similarly situated person, 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