Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:600
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8472 of 2024 1 - Samme Singh Kanwar S/o Shri Nankushiya Singh Aged About 65 Years R/o 9/481 Korawa Para, Stegan Road, Champa, District Janjgir Champa Chhattisgarh. 2 - Sushila Yadav W/o Lt. Shri Panchra Yadav Aged About 59 Years R/o Kosmanda, District : Janjgir-Champa, Chhattisgarh 3 - Sunita Devdas W/o Lt. Shri Khambhan Lal Devdas Aged About 46 Years R/o Ward No. 8, Near Water Tank, Akaltara,, District : Janjgir- Champa, Chhattisgarh
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Public Health Engineering (P.H.E.), Mahanadi Bhawan, Nava Raipur, District Raipur, Chhattisgarh. 2 - Engineer-In-Chief Department Of Public Health Engineering (P.H.E.) Atal Nagar, Sector 19, Nava Raipur 3 - Chief Engineer Public Health Engineering (P.H.E.) Zone-Bilaspur 4 - Superintendent Engineer Public Health Engineering (P.H.E.), Circle- Bilaspur 5 - Executive Engineer Janjgir-Champa, Public Health Engineering (P.H.E.) 6 - Divisional Joint Director Treasury Accounts And Pensions Bilaspur Digitally signed by RAVI SHANKAR MANDAVI
2 Division Bilaspur 7 - Treasury Officer District Treasury, Janjgir-Champa
... Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Mr. Akash Shrivastava, Advocate For Respondent(s) : Mr. Kawaljeet Singh Saini, Panel Lawyer Hon'ble Shri Justice
Amitendra Kishore Prasad
Order on Board 06/01/2025
1. Heard Mr. Akash Shrivastava, learned counsel petitioners as well as Mr. Kawaljeet Singh Saini, learned Panel Lawyer for State/respondents. 2. By way of this writ petition, the petitioners have prayed for following reliefs:
“1. Issue an appropriate writ/order/direction to the Respondent authorities in accordance with the order dated 30.09.2022, passed in WPS No.3870/2021 titled as Faguvaram Patel & Ors. vs. State of Chhattisgarh & Ors. and thereby the Petitioners be granted the leave encashment in the interest of justice. and /or. 2. Costs of the petition. 3. Any other relief as deemed fit by this Hon’ble Court.”
3. Learned counsel for the petitioners submits that petitioner No.1 is retired employees of the respondent department, who was posted as work charged Helper in Public Health Engineering Department,
3 Sub-Division Champa, District Janjgir-Champa (C.G.) and petitioner Nos.2 and 3 are widows of deceased employees Lt. Shri Panchram Yadav and Lt. Shri Khambhan Lal Devdas respectively, who were posted as work charged government servant and were working as Watchmen in Public Health Engineering Department, Sub-Division Champa, District Janjgir-Champa (C.G.).
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 petitioner and it is also not reflected as to whether the petitioners have completed the minimum period of service to avail the benefit of leave encashment. 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 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
4 (surpa), their claims 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
Ravi Mandavi