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2025 DAILYLAW 46686 (CHH)

MOHIT RAM VISHWAKARMA v. STATE OF CHHATTISGARH

WPS/8559/2024 · 2025-01-07

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:862 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8559 of 2024 1 - Mohit Ram Vishwakarma S/o Late Manoharlal Vishwakarma Aged About 64 Years Retired 'amin' Posted At Office Of S.D.O. Jal Sanshadhan Survekshan And Anusandhan Sub Division Mungeli Water Resources Department, District Mungeli Chhattisgarh 2 - Bhagbali Kashyap S/o Late Jayram Prasad Kashyap Aged About 74 Years Retired 'amin' Posted At Office Of S.D.O. Maniyari Jal Sanshadhan Sub Division Mungeli Water Resources Department District Mungeli, Chhattisgarh 3 - Dina Ram Kashyap S/o Late Firanta Ram Kashyap Aged About 77 Years Retired 'amin' Posted At Office Of S.D.O. Maniyari Jal Sanshadhan Sub Division Mungeli Water Resources Department District Mungeli, Chhattisgarh ... Petitioners versus 1 - State Of Chhattisgarh Through Secretary, Department Of Water Resources Mahanadi Bhawan, Mantralaya, New Raipur, District- Raipur, Chhattisgarh 2 - Engineer In Chief Water Resources Department, Shivnath New Raipur, District- Raipur, Chhattisgarh 3 - Chief Engineer Hasdeo Kachhar Water Resources Department Bilaspur Range District- Bilaspur, Chhattisgarh 4 - Executive Engineer Maniyari Jal Sanshadhan Division Mungeli Water Resources Department District Mungeli, Chhattisgarh 5 - Joint Director Pension, Account And Treasury Department, Bilaspur Division, District Bilaspur, Chhattisgarh ... Respondents VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioner :- Mr. Ashwin Panicker, Advocate For State :- Ms. Poorva Tiwari, P.L. ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 07.01.2025 1. By way of this writ petition, the petitioners have prayed for following reliefs:- “10.1 That this Hon'ble court may kindly be pleased to allow the writ petition and be pleased to issue an order/direction to the respondent authorities to grant the benefit of leave encashment to the petitioners. 10.2 That, this Hon'ble court may kindly be call for the records for its kind perusal which relates to petitioner's matter. 10.3 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioners.” 2. Learned counsel for the petitioners submits that petitioners are retired employees of the respondent department, who were working as work charged / contingency paid employees 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 petitioners are entitled for leave encashment. 3 3. 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 period of the service to avail the benefit of leave encashment. 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 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. 6. Accordingly, this petition stands disposed off with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Vishakha