PURNESH KUMAR YADAV ( LEGAL HEIR) v. STATE OF CHHATTISGARH
WPS/10263/2025 · 2025-09-01
Shri Ravindra Kumar Agrawal
body2025
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[ 2025 DAILYLAW 41901 (CHH) · dailylaw.ai ]
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[ 2025 DAILYLAW 41901 (CHH) · dailylaw.ai ]
Judgment text
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2025:CGHC:44570
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 10263 of 2025 1 - Purnesh Kumar Yadav ( Legal Heir) S/o Late Dhalsingh Yadav Aged About 41 Years Son Of Work Charged Employee, R/o Village Gandadih, Post Gandadih, Tehsil Patan, District Durg Chhattisgarh 2 - Smt. Subharan Bai Kanwar (Legal Heir) W/o Late Santram Kanwar Aged About 53 Years Widow Of Work Charged Employee, R/o Ward No. 1, Janpad Panchayat Patan, Post Patan, Tehsil Patan, District Durg Chhattisgarh 3 - Smt. Sagabati (Legal Heir) W/o Late Barsanlal Bhandari Aged About 55 Years Widow Of Work Charged Employee, R/o Ward No. 1, Indira Nagar Janpad Panchayat Patan, Post Patan, Tehsil Patan, District Durg Chhattisgarh 4 - Dularwa Ram S/o Puhupdas Bharti Aged About 68 Years A Retired Work Charged Employee, R/o Village Ausar, Post Ranitarai, Tehsil Patan, District Durg Chhattisgarh 5 - Devanand (Legal Heir) S/o Late Vishnuprasad Aged About 31 Years Son Of Work Charged Employee, R/o Village Funda, Post Devada, Tehsil Patan, District Durg Chhattisgarh
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Chief Secretary, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Distt. Raipur Chhattisgarh 2 - State Of Chhattisgarh Through The Secretary, General Administration Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Dist. Raipur Chhattisgarh 3 - State Of Chhattisgarh Through The Secretary, Public Works Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Dist. Raipur Chhattisgarh 4 - State Of Chhattisgarh Through The Secretary, Department Of Finance, Accounts And Treasury, Govt. Of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Dist. Raipur Chhattisgarh 5 - The Executive Engineer Public Works Department Division No. 01 Durg, Dist. Durg Chhattisgarh 6 - The Executive Engineer Public Works Department Durg Division Durg, Dist. Durg Chhattisgarh ...Respondents (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Petitioners : Shri Anand Kumar Kujur, Advocate For Respondents/State : Shri Mayur Khandelwal, PL ------------------------------------------------------------------------------------------------------------------ Digitally signed by V PADMAVATHI Date: 2025.09.04 11:10:03 +0530
Wps 10263 of 2025 2 Hon'ble Shri Justice Ravindra Kumar Agrawal
Order on Board 02.09.2025
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. 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.
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