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2025 DAILYLAW 4833 (CHH)

SMT. REKHANANDINI SHUKLA v. STATE OF CHHATTISGARH

WPS/523/2025 · 2025-01-21

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:3559 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 523 of 2025 Smt. Rekhanandini Shukla Wd/o Late Naveen Prakash Shukla Aged About 73 Years Widow Of Naveed Prakash Shukla Retired (Field Assistant) From The Office Of Executive Engineer, E/m, Heavy Earthmoving Machinery Division, Water Resource Department, Raipur, R/o Shashwat Nagar, Near Krish Kirana Store, Gali No. 07, House No. N/247, Boriyakhurd, P.O. Sundarnagar, Raipur, District Raipur, C.G. ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, General Administration Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, Tahsil And District- Raipur, C.G. Pin 492002. 2 - State Of Chhattisgarh Through Secretary, Water Resource Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, Tahsil And District- Raipur, C.G. Pin 492002 3 - State Of Chhattisgarh Through Secretary, Finance Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, Tahsil And District- Raipur, C.G. Pin 492002 4 - Engineer-In-Chief Water Resource Department, Sector-19, Shivnath Bhawan, Nava Raipur, Atal Nagar, District Raipur C.G. YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.01.23 16:58:05 +0530 2 5 - Executive Engineer E And M Heavy Earthmoving Machinery Division, Water Resource Department, Raipur, Sihava Bhavan, Civil Line, Main Road, Near Civil Line Police Station, Raipur, District Raipur, C.G. ... Respondents For Petitioner : Mr. Vaibhav P. Shukla, Advocate For Respondents : Mr. Ajit Singh, Govt. Advocate Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 21.01.2025 1. Heard Mr. Vaibhav P. Shukla, learned counsel for the petitioner and Mr. Ajit Singh, Govt. Advocate appearing for the State/respondents. 2. By filing this writ petition, the petitioner has prayed for following relief(s):- “10.1 That, Hon’ble Court may kindly be pleased to issue writ/writs, order/orders, direction/directions to the respondent authorities to grant leave encashment to the petitioner in the light of judgment passed in W.P. (S) No.3870/2021 in Faguvaram Pate & Ors. v. State of C.G. decided on 30.09.2022 by this Hon’ble High Court, within a stimulated time. 10.2 Any other relief that the Hon’ble Court may deem fit in the facts and circumstances of the case may also be granted in favour of the petitioners against the respondents.” 3. Learned counsel for the petitioner submits that husband of petitioner is retired employees of the respondent department, who was working as work charged/contingency paid employee and whose services have been later regularized under the respondent authorities. 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 3 connected matters decided on 30.09.2022, the petitioner is 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 husband of petitioner has 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 writ petition is disposed of 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 claim. In the event of filing of representation, on due verification, if the petitioner is found to be similarly situated persons, as in the case of Faguvaram Patel (surpa), her 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. 7. Accordingly, this writ petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Yogesh