1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 497 of 2025 1 - Smt. Shanti Bai Dhiwer Wd/o Late Chunni Lal Dhiwer Aged About 57 Years R/o- Hasdeo Bango Colony Thusekela, Kharsia, Tahsil Kharsia, District- Raigarh (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Department Of Water Resource, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur (C.G.) 2 - Engineer In Chief Water Resources Department, Shivnath Bhawan New Raipur, District Raipur (C.G.) 3 - Chief Engineer Minimata (Hasdeo) Bango Pariyojana, Bilaspur, District Bilaspur (C.G.) 4 - Executive Engineer Minimata Bango Nahar Division No. 5, Kharsia, District Raigarh (C.G.) 5 - Joint Director Treasury, Account And Pension, Bilaspur, District Bilaspur (C.G.) ... Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioner :- Mr. Jeet Ram Patel, Advocate For State :- Ms. Shailja Shukla, Dy. G.A. ------------------------------------------------------------------------------------------------ VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 20.01.2025 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 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 with interest, 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 petitioner, in the interest of justice.” 2. Learned counsel for the petitioner submits that petitioner is wife of the deceased retired employee of the respondent department, who was working as work charge employee in the Water Resources 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 husband of the petitioner was 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 husband of the petitioner has completed the minimum period of the service to avail the benefit of leave encashment. 3 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 off 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 her husband’s claim. In the event of filing of representation, on due verification, if the husband of 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 off with aforesaid observations and directions. sd/- (Amitendra Kishore Prasad) Judge Vishakha