1 2025:CGHC:3190 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 469 of 2025 Smt. Kulkit Maitry Wd/o Late Pileshwar Singh Maitry, Aged About 44 Years R/o Village Putidih, Tahsil Dabharaa, District - Sakti (C.G.). ... Petitioner versus 1 - State of Chhattisgarh Through Secretary, Department of Water Resource Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur (C.G.). 2 - Engineer in Chief, Water Resources Department, Shivnath Bhawan New Raipur, District Raipur (C.G.). 3 - Chief Engineer Minimata (Hasdeo) Bango Pariyojana, Bilaspur, District Bilaspur, (C.G.). 4 - Executive Engineer, Minimata Bango Nahar Division No. 5 Kharsia, District Raigarh, (C.G.). 5 - Joint Director, Treasury, Account and Pension, Bilaspur, District Bilaspur (C.G.). ... Respondents For Petitioner : Mr. Jeet Ram Patel, Advocate For Respondents : Ms. Shailja Shukla, Dy. Govt. Advocate YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.01.20 16:17:36 +0530 2 Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 17/01/2025 1. Heard Mr. Jeet Ram Patel, learned counsel for the petitioner and Ms. Shailja Shukla, Dy. Govt. Advocate appearing for the State/respondents. 2. By filing this writ petition, the petitioner has prayed for following relief(s):- “10.1 That this Hon’ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner. 10.2 That this Hon’ble Court may kindly be pleased to direct the respondents authorities to give benefit of leave encashment within stipulated time to the petitioner with interest, in the interest of the justice. 10.3 That, any other relief which the Hon’ble Court may deemed fit and proper also be granted to the petitioner, in the interest of justice. 3. Learned counsel for the petitioner submits that husband of petitioner was employee of the respondent department, who was working as work charged/contingency paid employee and whose services have been later regularized under the respondent authorities. He submits that in the light of judgment passed by this Court in Writ Petition (S) No.3870 of 2021 (Faguvaram Patel & Ors. Vs. State of Chhattisgarh & Ors.) and other connected matters decided on 30.09.2022, the petitioner is entitled for leave encashment. 3 4. Learned State counsel submits that sufficient documents have not been filed by the petitioner and it is also not reflected as to whether the husband of petitioner has completed the minimum period of service to avail the benefit of leave encashment. 5. I have heard learned counsel for parties and perused the documents available in record. 6. Be that as it may, without commenting anything on the merits, this writ petition is disposed of giving liberty to the petitioner to make detailed representation before the concerned respondent/competent authority within the period of ‘30 days’ from the date of receipt of copy of this order with all necessary documents to substantiate her claim. In the event of filing of representation, on due verification, if the petitioner is found to be similarly situated persons, as in the case of Faguvaram Patel (surpa), her claim shall be decided by the respondents in light of judgment of Faguvaram Patel (Supra) expeditiously preferably within the period of ‘90 days’ from the date of submission of the said representation. 7. Accordingly, this writ petition stands disposed of with aforesaid observations and directions. Sd/- - (Amitendra Kishore Prasad) Judge Yogesh