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2025 DAILYLAW 45890 (CHH)

JOHIT PRADHAN v. STATE OF CHHATTISGARH

WPS/8546/2024 · 2025-01-06

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:593 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8546 of 2024 1. Johit Pradhan S/o Shri Ram Pradhan Aged About 69 Years R/o Village Amalidih, Tundri, Tahsil Bilaigarh District Balodabazar- Bhatapara Now Sarangarh-Bilaigarh Chhattisgarh. 2. Chandrashekhar Dewangan S/o Bahadur Lal Aged About 73 Years R/o Village And Post Bhatgaon, Tahsil Bilaigarh District Balodabazar-Bhatapara Now Sarangarh-Bilaigarh Chhattisgarh. 3. Labhoram Sahu S/o Ganeshu Ram Sahu Aged About 77 Years R/o Village Gopalpur, Post Bhinaudi, Tahsil Bilaigarh, District Balodabazar-Bhatapara Now Sarangarh-Bilaigarh Chhattisgarh. 4. Sonauram S/o Firatu Ram Kewant Aged About 73 Years R/o Village Govindvan, Post And Tahsil Bilaigarh, District Balodabazar-Bhatapara Now Sarangarh-Bilaigarh Chhattisgarh. 5. Smt. Kadam Bai W/o Biyar Singh Aged About 71 Years R/o Village Sardarpara, Dhansir, Tahsil Bilaigarh, District Balodabazar-Bhatapara Now Sarangarh-Bilaigarh Chhattisgarh. 6. Ramadhin Sahu S/o Luturam Sahu Aged About 73 Years R/o Village Beltikri, Post Dharasiv, Tahsil Bilaigarh, District Balodabazar-Bhatapara Now Sarangarh-Bilaigarh Chhattisgarh. 7. Vishram Sahu S/o Bhabhiram Sahu Aged About 71 Years R/o Village Beltikri, Post Bhatgaon Tahsil Bhatgaon, District Balodabazar-Bhatapara Now Sarangarh-Bilaigarh Chhattisgarh. ... Petitioner(s) Digitally signed by RAGHVENDRA JAT 2 versus 1. State of Chhattisgarh Through Secretary, Public Work Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur, District Raipur Chhattisgarh. 2. Director Directorate of Public Work Department, Raipur, District Raipur Chhattisgarh. 3. The Joint Director Treasury Accounts And Pension, Balodabazar, District Balodabazar-Bhatapara Chhattisgarh. 4. The Executive Engineer Public Work Department Division Balodabazar, District Balodabazar-Bhatapara Chhattisgarh. 5. Sub Divisional Officer Public Work Department Division Bilaigarh, District Balodabazar-Bhatapara Now Sarangarh-Bilaigarh Chhattisgarh. ... Respondent(s) For Petitioners : Mr. K. P. Sahu, Advocate. For Respondent/State : Mr. Suyashdhar Badgaiya, Dy. G.A. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 06/01/2025 1. By way of this writ petition, the petitioners have prayed for following reliefs:- “(i) That, this 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 08.08.2024 passed by the Hon’ble Court in identical case bearing Writ Petition (S) No. 4615/2024, in 3 favour of the petitioners, with interest from the date of entitlement to its actual payment, in the interest of justice”. (ii) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.” 2. Learned counsel for the petitioners submits that petitioners are retired employees of the respondent department, who were working in the Public Work 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. 3. 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 the service to avail the benefit of leave encashment. 4. I have heard learned counsel for parties and perused the documents available in record. 5. Be that as it may, without commenting anything on the merits, this petition is disposed of giving liberty to the petitioners 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 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. 4 6. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat