Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:3838
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 545 of 2025 Ravindra Kumar Jain S/o Shri Shikhar Chandra Jain Aged About 62 Years Retired Kshetra Sahayak At Executive Engineer Minimata Bango Nahar Division No. 5 Kharsia, District Raigarh, (C.G.) R/o Arora Chal Akaltara, Tahsil Akaltara, District Janjgir- Champa, (C.G.).
... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Department Of Water Resource Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur (C.G.). 2 - Engineer In Chief, Water Resource Department, Sihawa Bhawan New Raipur, District Raipur (C.G.). 3 - Chief Engineer Minimata (Hasdeo) Bango Pariyojana, Bilaspur, District Bilaspur (C.G.). 4 - Executive Engineer, Minimata Bango Nagar Division No. 5 Kharsia, District Raigarh (C.G.). 5 - Joint Director, Treasury, Account And Pension, Bilaspur, District Bilaspur (C.G.).
... Respondent(s) GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.01.23 19:28:10 +0530
2 For Petitioner : Shri Prabhu Lal, Advocate appears on behalf of Shri Jeet Ram Patel, Advocate. For Respondents/State : Shri Suyashdhar Badgaiya, Dy.G.A. Hon’ble Shri Justice Amitendra Kishore Prasad
Order on Board
22/01/2025
1. Heard Shri Prabhu Lal, Advocate appearing on behalf of Shri Jeet Ram Patel, learned counsel for the petitioner and Shri Suyashdhar Badgaiya, learned Deputy Government Advocate appearing for the State/respondents.
2. By filing this writ petition, the petitioner has prayed for following relief(s):- (i)That this Hon’ble court may kindly be pleased to call for the entire records pertaining to the case of the petitioner. (ii)That this Hon’ble Court may kindly be pleased to direct the respondents authorities to give benefit of leave encashment within stipulated time to the petitioner with interest, in the interest of justice. (iii)That, any other relief which the Hon’ble Court may deemed fit and proper also be granted to the petitioner, in the interest of justice.”
3.
Learned counsel for the petitioner submits that petitioner is retired employees of the respondent department, who was work charged
3 employee working in Minimata Bango Nahar Division No.5, Kharsia, District Raigarh. 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 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 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 his 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), 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.
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7. Accordingly, this writ petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad )
Judge
gouri