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2025 DAILYLAW 46433 (CHH)

BUDHI RAM v. STATE OF CHHATTISGARH

WPS/8497/2024 · 2025-01-06

Shri Amitendra Kishore Prasad

body2025

Judgment text

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1 2025:CGHC:612 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8497 of 2024 • Budhi Ram S/o Shri Nanbudha Aged About 67 Years Retired Chowkidar, At Executive Engineer, Water Resource Division Janjgir, District Janjgir Champa, Chhattisgarh, R/o Village - Karmi Tikra, Tahsil Pathalgaon, District Jashpur Chhattisgarh. ... Petitioner versus 1. State Of Chhattisgarh Through Secretary, Department Of Water Resource Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh. 2. Engineer In Chief Water Resources Department, Sihawa Bhawan New Raipur, District Raipur, Chhattisgarh. 3. Chief Engineer Hasdeo Kachhar Water Resource Department, Bilaspur, District Bilaspur Chhattisgarh. 4. Executive Engineer Water Resource Division Janjgir, District Janjgir Champa, Chhattisgarh. 5. Joint Director Treasury, Account And Pension, Bilaspur, District Bilaspur Chhattisgarh. ... Respondents For Petitioner : Mr. Jeet Ram Patel, Advocate For Respondent(s) : Mr. Soumitra Kesharwani, Panel Lawyer 2 Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 06/01/2025 1. Heard Mr. Jeet Ram Patel, learned counsel petitioner as well as Mr. Soumitra Kesharwani, learned Panel Lawyer for State/respondent. 2. 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 call for the entire records pertaining to the case of the petitioner. 10.2. That this Hon'ble Court may kindly be pleased to direct the respondents authorities to give benefit of leave encashment within stipulated time to the petitioner, in the interest of the justice. 10.3. That, any other relief which the Hon'ble Court may deemed fit and proper also be granted to the petitioners, in the interest of justice. 3. Learned counsel for the petitioner submit that petitioner was working as “Chowkidar” under the respondent authorities and retired from 2019. 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 petitioner is entitled for leave encashment. 4. 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 the service to avail the benefit of leave encashment. 3 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 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), 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