1 2025:CGHC:860 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8549 of 2024 1 - Lata Thantharate W/o Late Shri Lalan Kumar Thantharate, Aged About 55 Years R/o Bhagat Singh Chowk, Ward Number 19, Dongargarh District Rajnandgaon, Chhattisgarh- 491445 ... Petitioner versus 1 - The State Of Chhattisgarh Through The Secretary, Public Health Engineering Department, Government Of Chhattisgarh, Mahanadi Bhavan, Mantralaya, Mahanadi Bhavan, Naya Raipur, District Raipur Chhattisgarh 492002 2 - The Engineer In Chief, Public Health Engineering Department, Indravati Bhavan, Nawa Raipur Atal Nagar, District Raipur Chhattisgarh. 3 - The Chief Engineer, Public Health Engineering Department, Raipur Zone, Chhattisgarh 4 - The Superintending Engineer, Public Health Engineering Department, Circle- Durg Circle, Chhattisgarh 5 - The Executive Engineer, Public Health Engineering Department, Division Rajnandgaon, Chhattisgarh ... Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioner :- Mr. Ashwin Panicker, Advocate For State :- Ms. Poorva Tiwari, P.L. ------------------------------------------------------------------------------------------------ VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 07.01.2025 1. By way of this writ petition, the petitioner has prayed for following reliefs:- “10.1. The Hon'ble Court may call for records from the respondents. 10.2. The Hon'ble Court may direct the Respondents to grant leave encashment and leave surrender to the Petitioner in light of the judgment of the Hon'ble Court in WP(S) 3870 of 2021. 10.3. The Hon'ble Court may direct the Respondent No. 5 to dispose off in time bound manner the Representation dated 06.11.2024 of the Petitioner in light of the directions issued by this Hon'ble Court in WP(S) 3870 of 2021. 10.4. The Hon'ble Court may grant cost of petition to the Petitioner. 10.5. The Hon'ble Court may grant any other relief as this Hon'ble Court may deem fit and proper in the nature and circumstances of the present case in the interest of justice.” 2. Learned counsel for the petitioner submits that petitioner’s husband is a retired employee of the respondent department, who was working as Area Assistant, work charged / contingency paid employee in the Public Health Engineering 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 3 decided on 30.09.2022, the petitioner’s husband 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 petitioner’s husband has 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 petitioner’s husband 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’s husband 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