Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:607
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8534 of 2024
1. Shanta Bai W/o Late Shri Murha Ram Dhiwar Aged About 69 Years R/o Ward No. 20 Kopra, Bus Stand Para, Gariyaband, Chhattisgarh.
2. Parshuram Yadav S/o Pancham Ram Yadav, Aged About 69 Years R/o Ramsagar Para Ward No. 23, Dhamtari, District - Dhamtari, Chhattisgarh.
3. Pardeshi Ram Yadav, S/o Banvali Ram Yadav Aged About 74 Years R/o Bhakhara Ward No. 2, Dhamtari, District Dhamtari, Chhattisgarh.
4. Ramprasad, S/o Sarvan Aged About 67 Years R/o Village - Dhurvatola, Post - Kusumkasa, Balod, District - Balod, Chhattisgarh.
... Petitioner(s) versus
1. State of Chhattisgarh Through - Secrretary, Public Health And Engineering Department, Mahanadi Bhawan, Mantralaya, Nawa Raipur Atal Nagar, Chhattisgarh.
2. Engineer-In-Chief, Public Health And Engineering Department, Nirman Bhawan, North Block Sector - 19, Atal Nagar, Nava Raipur, District - Raipur, Chhattisgarh.
3. Executive Engineer, Public Health And Engineering Department, Division Dhamtari, District - Dhamtari, Chhattisgarh. Digitally signed by RAGHVENDRA JAT
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4. Executive Engineer, Public Health And Engineering Department, Division Balod, District - Balod, Chhattisgarh.
5. Director, Treasury, Account And Pension, Raipur, District Raipur, Chhattisgarh.
... Respondent(s) For Petitioners : Mr. Tanuj Patwardhan, Advocate. For Respondent/State : Ms. Nupur Trivedi, Panel Lawer. 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:-
“10.1) Hon’ble Court may kindly be pleased to call for the entire record in respect of amount of leave encashment. 10.2) Hon’ble Court may kindly be pleased to direct respondent authority to pay the amount of leave encashment with 18% interest from the date of retirement to the petitioners. 10.3) Any other relief may also be granted to the petitioners which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case. 10.4) That the cost of the Petition be granted.”
2. Learned counsel for the petitioners submits that petitioners are retired employees of the respondent department, who were working as work charged Contingency Paid Employee in the Public Health and Engineering Department. He submits that in
3 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.
6. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat