Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:602
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8533 of 2024 • Kartikram Patel S/o Late Puturam Patel Aged About 74 Years Retired Chalak, Posted In The Office Of S.D.O. Public Works Department Sub Division Dharamjaigarh, District Raigarh Chhattisgarh R/o Village Naharpali Tahsil Kharsiya District Raigarh Chhattisgarh.
... Petitioner(s) versus
1. State of Chhattisgarh Through Secretary, Public Works Department Mahanadi Bhawan, Mantralaya, New Raipur District Raipur Chhattisgarh.
2. Engineer In Chief Public Works Department, Nirman Bhawan Sector 19 North Block Atal Nagar New Raipur, District Raipur Chhattisgarh.
3. Chief Engineer Public Works Department, Bilaspur Division District Bilaspur Chhattisgarh.
4. Executive Engineer Public Works Department, Raigarh Division, District Raigarh Chhattisgarh.
5. Joint Director Pension And Account Treasury Department Bilaspur Division, District Bilaspur Chhattisgarh.
... Respondent(s) Digitally signed by RAGHVENDRA JAT
2
For Petitioner : Mr. F.S. Khare, 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 petitioner has prayed for following reliefs:-
“10.1) That, this Hon’ble Court may kindly be pleased to allow the writ petition and be pleased to issue a direction to the respondent authorities to grant the benefit of leave encashment to the petitioner”. 10.2) That, this Hon’ble Court may kindly be call for the records for its kind perusal which relates to petitioner’s matter. 10.3) Any other relief, which this Hon’ble Court may deem fit and proper, may also be passed in favour of the petitioner.
2. Learned counsel for the petitioner submits that petitioner is retired employee of the respondent department, who was working as work charged Contingency Paid Employee in the Public Works 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 petitioner and it is also not reflected as to whether the petitioner has completed the minimum period of the
3 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 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 his 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), his 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