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2025 DAILYLAW 37192 (CHH)

DIVYA KADAM v. STATE OF CHHATTISGARH

WPS/8685/2025 · 2025-07-28

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8685 of 2025 1 - Divya Kadam Divya Kadam Aged About 30 Years W/o Prashant Rao Kadam, R/o Ward No. 3 Chhura, District- Gariyaband ( C.G. ). ( Widow Of Deceased Employee Prashant Rao Kadam 2 - Ganga Bai Sahu W/o Mithilesh Kumar Sahu Aged About 35 Years R/o Abadipara, Semhartara, Post Office- Kirwai, District- Gariyaband ( C.G. ). ( Widow Of Deceased Employee Mithilesh Kumar Sahu ) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- The Secretary, Water Resource Department, New Mantralaya, Mahanadi Bhawan, New Raipur, District- Raipur ( C.G. ). 2 - State Of Chhattisgarh Through- The Secretary, General Administration Department, New Raipur Mantralaya, Mahanadi Bahwan, New Raipur, District- Raipur ( C.G. ). 3 - State Of Chhattisgarh Through- The Secretary, Finance Department, New Raipur Mantralya, Mahanadi Bhawan, New Raipur, District- Raipur ( C.G. ). 4 - The Engineer- In- Chief Water Resource Department, Nirman Bhawan, North Block- Sector- 19, Capital Complex Naya Raipur, Atal Nagar, Raipur, ( C.G. ). 5 - The Executive Officer Water Resource Department, Gariyaband, District- Gariyaband ( C.G. ). 6 - The Joint Director Treasury Account And Pension, Tahsil And District- Raipur ( C.G. ). ... Respondent(s) 2 For Petitioner(s) : Mr. Kripesh G. Kela, Advocate. For Respondent(s) : Mr. Mayur Khandelwal, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 29/07/2025 1. Learned counsel for the petitioners would submit that petitioners are retired employees of the respondents’ Departments and were working as Work Charged Contingency paid employees. It is further submitted that in light of judgment passed by this Court in WPS No. 3870 of 2021 (Faguvaram Patel and others v. State of Chhattisgarh and others) and other connected matters, decided on 30.09.2022, present petitioners are also entitled for leave encashment. 2. Learned State counsel would submit 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 service to avail the benefit of leave encashment. 3. Heard learned counsel for the parties and perused the documents on record. 4. Be that as it may, without commenting anything on merits of the case, this petition is disposed of giving liberty to the petitioners to make a detailed representation before the concerned respondents/competent authority within a period of 30 days from the date of receipt of copy of this order with all necessary documents to substantiate their claim. In that event, on due verification, if the petitioners are found to be similarly situated persons, as in the case of Faguvaram Patel (supra), their claim shall be decided by the respondents in light of judgment 3 passed in that case expeditiously preferably within a period of 90 days from the date of submission of the said representation. 5. Accordingly, the present petition stands disposed of with aforesaid observation and direction. Sd/- (Ravindra Kumar Agrawal) Judge Alok