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2025 DAILYLAW 39848 (CHH)

SMT. MANTORA BAI v. STATE OF CHHATTISGARH

WPS/9544/2025 · 2025-08-13

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:41101 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 9544 of 2025 1 - Smt. Mantora Bai W/o B.R. Patel (Baratu Ram Patel), Aged About 71 Years R/o - Village And Post Darrighat P.S. Masturi District Bilaspur (C.G.) Husband Of Petitioner Was Retired Sthal Sahayak Posted At Office Of S.D.O. (B And R) Public Works Department Sub Division No. 1 Bilaspur, District Bilaspur (C.G.) ... Petitioner(s) versus 1 - State of Chhattisgarh Through Secretary, Public Works Department Mahanadi Bhawan, Mantralaya, New Raipur District - Raipur (C.G.) 2 - Engineer In Chief, Public Works Department, Sihawa Bhawan New Raipur, District - Raipur (C.G.) 3 - Chief Engineer, Public Works Department, Bilaspur Mandal District - Bilaspur (C.G.) 4 - Superintending Engineer, Public Works Department, Bilaspur Mandal, District Bilaspur (C.G.) 5 - Executive Engineer, Public Works Department Division No. 1 Bilaspur District Bilaspur (C.G.) 6 - Joint Director, Pension And Account Treasury Department Bilaspur Division, District Bilaspur (C.G.) ... Respondent(s) For Petitioner : Ms. Nilu Singh, Advocate. For State : Shri Shreyansh Mehta, Panel Lawyer. Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 14.08 .202 5 1. Learned counsel for petitioner(s) submits that the Husband of petitioner stood retired as Work Charged/Contingency Paid Employee. Her Husband was entitled for leave encashment but till date the respondents have not extended the benefit of leave encashment. He stated that an identical issue has already been decided by this Court in Writ Petition (S) No.3870 of 2021 (Faguvaram Patel & Ors. Vs. State of Chhattisgarh & Others) on 30.09.2022. In the light 2 of Faguvaram (supra) the petitioner(s) have raised identical issue which may be allowed. He submits that at this stage the petitioner(s) may be permitted to submit detailed representation before the respondents/competent authority, who, in turn, be directed to consider and decide the same expeditiously within specific period as fixed by this Court. 2. Learned State counsel submits that as the petitioner(s) is/are not pressing this petition on merits and is only seeking a direction to decide the representation to be submitted by petitioner(s) at this stage the State is having no objection. 3. I have heard learned counsel for parties and perused the documents available on record. 4. Taking into consideration the limited prayer made by learned counsel for the petitioner(s), without commenting anything on the merits this petition is disposed of in the light of judgment passed in Faguvaram Patel (Supra) reserving liberty to the petitioner(s) to make detailed representation before the concerned respondent/competent authority. In the event, the petitioner(s) submits representation, the same shall be considered and decided in accordance with the relevant rules and law and after verification of the service records of the Husband of the petitioner expeditiously preferably within the period of 'three months' from the date of receipt of the such representation keeping in mind the decision passed in Faguvaram Patel (Supra). 5. Accordingly, this petition is disposed of with the aforesaid observations and directions. Sd/- (Ravindra Kumar Agrawal) Judge inder