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2025 DAILYLAW 46148 (CHH)

DIWAKAR YADAV v. STATE OF CHHATTISGARH

WPS/8514/2024 · 2025-01-06

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:605 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8514 of 2024 1. Diwakar Yadav S/o Late Lekru Yadav Aged About 71 Years Retired Chowkidar R/o Village Bandalimal Tahsil Saraipali, District Mahasamund Chhattisgarh. 2. Dolamani Yadav S/o Late Akkal Yadav Aged About 69 Years Retired Time Keeper, R/o Village Sapos, Tahsil Pithora, District Mahasamund Chhattisgarh. ... Petitioners versus 1. State Of Chhattisgarh Through The Secretary, Water Resources Department, Mahanadi Bhawan, Mantralay Nava Raipur, District Raipur Chhattisgarh. 2. Engineer In Chief Water Resources Department, Shivnath Mandal North Block Sector 19, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh. 3. Chief Engineer Mahanadi Godavari Kachhar, Water Resources Department Raipur District Raipur Chhattisgarh. 4. Executive Engineer Water Resources Division Mahasamund District Mahasamund Chhattisgarh. ... Respondents For Petitioners : Mr. Hemant Kesharwani, Advocate For Respondents : Mr. Abhishek Gupta, Panel Lawyer 2 Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 06/01/2025 1. Heard Mr. Hemant Kesharwani, learned counsel petitioners as well as Mr. Abhishek Gupta, learned Panel Lawyer for State/respondent. 2. By way of this writ petition, the petitioners have prayed for following reliefs: “10. That, this Hon’ble Court may kindly be pleased to issue the direction for the respondent authorities to grant the benefit of leave encashment.” 3. Learned counsel for the petitioners submit that petitioners were working as “Work Charge employees” under the respondent authorities and petitioners were retired from the year (Diwakar Yadav) 2015 and (Dolamani Yadav) 2017 respectively. 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 the service to avail the benefit of leave encashment. 5. I have heard learned counsel for parties and perused the documents available in record. 3 6. 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. 7. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) JUDGE vaishali Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.01.14 11:04:59 +0530