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2025 DAILYLAW 41369 (CHH)

SHRI KUMAR SONWANI v. STATE OF CHHATTISGARH

WPS/10098/2025 · 2025-08-27

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:43546 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 10098 of 2025 1 - Shri Kumar Sonwani S/o Late Arjun Sonwani Aged About 63 Years Retired Kushal Sahayak Posted At Office Of S.D.O. (E And M) Light Machinery Nalkoop And Gate Sub Division Sakri (Bilaspur), Water Resources Department District Bilaspur (C.G.) 2 - Awadh Ram Nirmalkar S/o Late Ram Jivan Nirmalkar Aged About 63 Years Retired Jal Vahak Posted At Office Of Chief Engineer Minimata Hasdev Bango Pariyojna Bilaspur Water Resources Department District Bilaspur (C.G.) 3 - Smt. Kamla Bai W/o Late Baliram Yadav Aged About 65 Years R/o Village Punjeripali Post- Girgira (Pendrwa) District Janjgir-Champa (C.G.) Husband Of Petitioner Was Retired Nalkoop Chalak Posted At Office Of S.D.O. (E And M) Light Machinery Nalkoop And Gate Sub Division Raigarh, Water Resources Department, District Raigarh (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Water Resources Mahanadi Bhawan, Mantralaya, New Raipur, District- Raipur (C.G.) 2 - Engineer In Chief Water Resources, Department, Sihawa Bhawan New Raipur, District- Raipur (C.G.) 3 - Chief Engineer Hasdev Kachhar Water Resources Department Bilaspur District Bilaspur (C.G.) 4 - Executive Engineer (E And M) Light Machinery Nalkoop And Gate Division Sakri (Bilaspur) Water Resources Department District Bilaspur (C.G.) 5 - Chief Engineer Minimata Hasdev Bango Pariyojna Bilaspur Water Resources Department District- Bilaspur (C.G.) 6 - Joint Director Pension And Account Treasury Department Bilaspur Division, District Bilaspur (C.G.) ... Respondent(s) ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.08.28 19:18:13 +0530 2 For Petitioner(s) : Mr. F. S. Khare, Advocate. For Respondent(s) : Mr. Vinay Pandey, Dy. Advocate General. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 28/08/2025 1. Learned counsel for the petitioners would submit that petitioner Nos. 1 and 2 are retired employees and the petitioner No. 3 is the wife of the deceased employee. The petitioner No. 1 and 2 and husband of petitioner No.3 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 3 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, the present petition stands disposed of with aforesaid observation and direction. Sd/- (Ravindra Kumar Agrawal) Judge Alok