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2025 DAILYLAW 4289 (CHH)

BISELAL SAHU v. STATE OF CHHATTISGARH

WPS/465/2025 · 2025-01-17

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:3188 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 465 of 2025 1 - Biselal Sahu S/o Shri Dasru Ram Sahu Aged About 73 Years R/o Village Dunda, Post Office Sejbahar, Tahsil And District Raipur Chhattisgarh 2 - Paras Ram Shrivas S/o Shri Bharatlal Shrivas Aged About 71 Years R/o Village Kapa, Lodhipara, Raipur, Tahsil And District Raipur Chhattisgarh 3 - J. Bairagi S/o Late Shri J. Soumya Aged About 68 Years R/o Irrigation Colony Shanti Nagar, Raipur, District Raipur Chhattisgarh 4 - Smt Sukhbati Sahu D/o Late Shri Ramnath Sahu Aged About 71 Years R/o Village Kachhna Post Saddu, Raipur, District Raipur Chhattisgarh 5 - Khorbahra Patil S/o Shri Ferha Ram Patil Aged About 69 Years R/o Village Khouli, Post Khouli, Police Station Kharora, District Raipur Chhattisgarh 6 - Smt Santra Bai Patil W/o Shri Aged About 71 Years R/o Village Khouli, Post Khouli, Police Station Khaora, District Raipur Chhattisgarh 7 - Smt Chandramati Netam W/o Late Shri Nand Kumar Netam Aged About 51 Years R/o Village Gadhabhatha, Post Office And Police Station Basna, Tahsil Saraipali, Distt Mahasamund Chhattisgarh 8 - Smt Rajkumari Yadav W/o Late Shri Salik Ram Yadav Aged About 64 Years R/o Dr. Ambedkar Nagar, Katora Talab Raipur, District Raipur Chhattisgarh ... Petitioners versus 1 - State Of Chhattisgarh Through The Secretary, Water Resources Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur, District Raipur Chhattisgarh YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.01.20 16:15:40 +0530 2 2 - The Executive Engineer Water Resources Department Raipur Division District Raipur Chhattisgarh 3 - The Joint Director Treasury Accounts And Pension Raipur Division, District Raipur Chhattisgarh ... Respondents For Petitioners : Mr. C.R. Sahu, Advocate For Respondents : Mr. Pratik Tiwari, P.L. Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 17.01.2025 1. Heard Mr. C.R. Sahu, learned counsel for the petitioners and Mr. Pratik Tiwari, P.L. appearing for the State/respondents. 2. By filing this writ petition, the petitioners have prayed for following relief(s):- “10.1 That the Hon'ble Court may kindly be pleased to issue an appropriate writ, thereby directing the respondent authorities to grant the benefits of leave encashment of 120 days as per the order dated 30/09/2022 and 25/01/2024 passed by the Hon'ble Court in identical case bearing W.P.(S.) No. 3870/2021 and 440/2024 in favour of the petitioners with interest from the date of entitlement to its actual payment. 10.2 That any other relief, which may be deemed, fit by this Hon'ble Court just and proper in the facts and circumstances of the case may also be provided in favour of the petitioners.” 3. Learned counsel for the petitioners submits that petitioners are employees of the respondent department, who was worked as Work- 3 charged/Contingency Paid employees and whose services have been later regularized under the respondent department. 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 petitioners are entitled for leave encashment. 4. Learned State counsel submits 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 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 petitioners to make detailed representations 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 their claim. In the event of filing of representation, on due verification, if the petitioners are found to be similarly situated persons, as in the case of Faguvaram Patel (surpa), their 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/- Sd/- (Amitendra Kishore Prasad) Judge Yogesh