1 2025:CGHC:606 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8476 of 2024 1 - Sudama Sahu S/o Shri Ramchandra Sahu Aged About 73 Years R/o Gram Navapara, Post And Thana Baloda Tahsil Saraipali, District Mahasamund Chhattisgarh. 2 - Bhagvan Singh Dhruv S/o Lt. Shri Sitaram Dhruv Aged About 68 Years R/o Gram Parsada Post Bemcha, Thana And Tahsil Mahasamund, District Mahasamund Chhattisgarh. 3 - Smt. Birjha Bai Sahu W/o Lt. Shri Ramcharan Sahu Aged About 70 Years R/o Gram Tumgaon, Post And Thana Tumgaon, Tahsil And District Mahasamund Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Water Resource Department, Mantralaya Mahanadi Bhawan, Naya Raipur, Atal Nagar, District Raipur Chhattisgarh. 2 - Secretary Finance Department Mantralaya Mahanadi Bhawan, Naya Raipur, Atal Nagar, District Raipur Chhattisgarh. 3 - Divisional Joint Director Treasury, Accounts And Pension, Raipur Division, Raipur Chhattisgarh. 4 - Executive Engineer Water Resource Department, Shivnath Bhawan, North Block, Sector - 19, Nava Raipur, Atal Nagar, District Raipur, Chhattisgarh. Digitally signed by RAVI SHANKAR MANDAVI 2 5 - Chief Engineer E And M Circle, Mahanadi Pariyojana Raipur, Chhattisgarh. 6 - Executive Engineer Water Resources Department Mahasamund, District Mahasamund Chhattisgarh. ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Mr. Abdul Moin Khan, Advocate For Respondent(s) : Ms. Poorva Tiwari, Panel Lawyer Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 06/01/2025 1. Heard Mr. Abdul Moin Khan, learned counsel petitioner as well as Ms. Poorva Tiwari, learned Panel Lawyer for State/respondents. 2. By way of this writ petition, the petitioner has prayed for following reliefs: “10.1. That, the Hon’ble Court may kindly be pleased to direct the respondent to call for the entire record for kind perusal of the Hon’ble Court. 10.2. The Hon’ble Court may kindly be pleased to direct the respondent to grant the leave encashment amount to the petitioners in the light of the judgment passed by Hon’ble Court in WPS No.3870/2021. 10.3. Any other relief or reliefs may also be granted to the petitioner which this Hon’ble Court deems fit and proper in the facts and circumstances of the case.” 3. Learned counsel for the petitioners submits that petitioner No.1, 2 and husband of petitioner No.3 were working under the respondent at Office of Execute Engineer, Division of Water 3 Resources Department, District Mahasamund (C.G.) and drawing salary from the respondent. Further, the petitioner No.1 & 2, retired from service on 31.05.2013 and 31.05.2018 respectively and husband of the petitioner No.3 died on 13.01.2012. The petitioners have been granted monthly pension. 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 (surpa), their claims shall be decided by the respondents in light 4 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