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2025 DAILYLAW 39720 (CHH)

BANSHI YADAV v. STATE OF CHHATTISGARH

WPS/9941/2025 · 2025-08-24

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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2025:CGHC:42886 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 9941 of 2025 1 - Banshi Yadav S/o Shri Mangalu Yadav Aged About 67 Years R/o Ward No. 5, Shankar Nagar, Simga, District Balodabazar- Bhatapara C.G. 2 - Chintamani Verma S/o Ramchand Verma Aged About 36 Years R/o 168 Bastipara, Dodekala, Dondekalan, Raipur, District Raipur, C.G. 3 - Rajesh Karkase S/o M.K. Karkase Aged About 47 Years R/o 98/1, Raypura, Jorapara, Raipura, Sunder Nagar Raipur, District Raipur, C.G. 4 - Gambhir Devdas S/o Indraman Devdas Aged About 74 Years R/o Rani Durgawati Ward- 45, New Puraina, Telibandha, Raipur, District Raipur, C.G. 5 - Kali Bai Sinha W/o Mehattar Sinha Aged About 67 Years R/o Ward No. 07, Shivratra Chowk, Mohrenga, Raipur, District Raipur C.G. 6 - Puran Lal Sahu S/o Rungu Sahu Aged About 65 Years R/o Bemta, Bemta, Sarora, Raipur, C.G. 7 - Yashwant Nirmalkar S/o Lala Ram Nirmalkar Aged About 39 Years R/o 246, Ward 14, Sardhu, Tarpongi Raipur, District Raipur, C.G. ... 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, National Highway Division Bilaspur, District Bilaspur, Chhattisgarh 4 - Executive Engineer Public Works Department, Division 1-3 Vidhan Sabha Area, District Raipur C.G. 5 - Joint Director Treasury Account And Pension Bilaspur, District Bilaspur, Chhattisgarh ---- Respondent(s) (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Petitioners : Shri Shubhank Tiwari, Advocate For Respondent/State : Shri Santosh Bharat, PL Digitally signed by V PADMAVATHI Date: 2025.09.01 15:37:23 +0530 Wps 9941 of 2025 2 ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 25.08.2025 1. Learned counsel for the petitioners would submit that petitioners are retired employees of the Public Works Department, and were working as Work Charged Contingency paid employees as details given below. It is further submitted that in light of judgment passed by this Court in WPS-3870 of 2021 (Faguvaram Patel, and others Vs State of Chhattisgarh and others), and other connected matters, decided on 30.09.2022, present petitioners are also entitled for leave encashment. Sl No Retired employee/ widow of the employee Post Date of appointment Date of retirement/ death Petitioner 1 Retired employee Unskilled Gang Labor 21.08.2008 31.07.2020 Petitioner 2 Son of deceased employee Daily Wage Employee 24.06.1978 12.12.2014 Petitioner 3 Son of deceased employee Field Assistant 16.04.2014 Petitioner 4 Retired employee 31.12.2013 Petitioner 5 Wife of deceased employee Unskilled labour 29.08.2008 31.01.2014 Petitioner 6 Retired employee Gang labor Unskilled 21.08.2008 30.06.2022 Petitioner 7 Son of retired employee Site Assistant 21.08.2008 04.04.2019 Wps 9941 of 2025 3 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 respondent/ 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 passed in that case expeditiously, preferably within a period of 90 days from the date of submission of the said representation. 5. Accordingly, petition stands disposed of with aforesaid observation and direction. Sd/- (Ravindra Kumar Agrawal) JUDGE padma