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2025 DAILYLAW 4842 (CHH)

GEETA PRASAD MISHRA v. STATE OF CHHATTISGARH

WPS/807/2025 · 2025-01-29

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:5169 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 807 of 2025 • Geeta Prasad Mishra S/o Late Ram Lal Mishra Aged About 54 Years R/o Mudakuanpara Rampur Rampur District - Korba (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary Department Of Water Resource Mahanadi Bhawan Mantralaya Naya Raipur (C.G.). 2 - Engineer In Chief Water Resource Development Sihawa Bhawan New Raipur District - Raipur (C.G.). 3 - Chief Engineer Department Of Water Resources Hasdeo Kachhar Bilaspur District - Bilaspur (C.G.). 4 - Joint Director Treasury Account And Pension Bilaspur District - Bilaspur (C.G.). 5 - Executive Engineer Electrical Mechincs Division Raigarh District - Raigarh (C.G.). ... Respondent(s) Digitally signed by RAGHVENDRA JAT 2 For Petitioner(s) : Mr. Prashant Dansena, Advocate. For Respondent(s)/ State : Mr. Rishabh Bisen, Panel Lawyer. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 29/01/2025 1. By way of this writ petition, the petitioner has prayed for following reliefs:- “10.1 That this Hon'ble court may kindly pleased to call for the entire record pertaining to the case of the petitioner. 10.2 That the Hon'ble court may kindly be pleased to direct the Respondent authority to give benefit of leave encashment within stipulated time to the petitioner with interest, in the interest of justice. 10.3 And any other relief, which the court deems fit and proper.” 2. Learned counsel for the petitioner submits that the father of the petitioner is retired employee of the respondent department, who was working as Watch Man in the Water Resources Department. He further 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 petitioner is entitled for leave encashment. 3 3. Learned State counsel submits that sufficient documents has not been filed by the petitioner and it is also not reflected as to whether the father of the petitioner 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 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 his claim. In the event of filing of representation, on due verification, if the petitioner is found to be similarly situated person, as in the case of Faguvaram Patel (Supra), 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 of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat