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2025 DAILYLAW 4766 (CHH)

RAJKUMAR SAHU v. STATE OF CHHATTISGARH

WPS/613/2025 · 2025-01-23

Shri Amitendra Kishore Prasad

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Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 613 of 2025 1 - Rajkumar Sahu S/o Latkhor Sahu Aged About 68 Years Retired Chowkidar, R/o Ward No. 12, Ganjpara, Near Durga Mandir, Balod, Tahsil And Distt. Balod Chhattisgarh 2 - Smt. Triveni Bai W/o Rajkumar Sahu Aged About 70 Years Retired Labour, R/o Ward No. 12, Ganjpara, Near Durg Mandir Balod, Tahsil And District Balod Chhattisgarh 3 - Smt. Chitrekha D/o Jagdish Aged About 67 Years Retired Labour, R/o Ganga Sagarpara Balod, Tahsil And Distt. Balod Chhattisgarh 4 - Smt. Krishna Bai W/o Dinuram Yadav Aged About 64 Years Retired Labour, R/o Shikaripara, Balod, Tahsil And Distt. Balod Chhattisgarh 5 - Smt. Surja Bai W/o Late Dilip Kumar Yadav Aged About 57 Years R/o Sikaripara, Balod, Tahsil And District Balod Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Water Resources Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh 2 - Engineer In Chief Water Resources Department, Shivnath Mandal, North Block, Sector 19, Atal Nagar, Nava Raipur, District - Raipur Chhattisgarh 3 - Chief Engineer Mahanadi Godawari Kachhar, Water Resources Department, Raipur, District Raipur Chhattisgarh 4 - Superintendent Engineer Shivnath Mandal, Water Resources VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 Department, Durg, District Durg Chhattisgarh 5 - Executive Engineer Water Resources Division Balod, District Balod Chhattisgarh 6 - Joint Director Pension And Kosh Lekha Department, Durg, District Durg Chhattisgarh ... Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioners :- Mr. Hemant Kesharwani, Advocate For State :- Mr. Suyashdhar Badgaiya, Dy. G.A. ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 23.01.2025 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 issue the direction for the respondent authorities to grant the benefit of leave encashment.” 2. Learned counsel for the petitioners submits that petitioners are retired employees of the respondent department, who were working as class-IV 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 were entitled for leave encashment. 3. Learned State counsel submits that sufficient documents have not been filed by the petitioners and it is also not reflected as to 3 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 (supra), 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