1 2025:CGHC:3839 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 553 of 2025 1 - Smt. Indu Bhog Raj W/o Late Shri Sunil Kumar Rao Aged About 43 Years H. No. 37/667, Block No. 45 Boriakala Nagar Mana Camp Raipur, District - Raipur Chhattisgarh 2 - Ram Kumar Soni S/o Late Shri Bhagwan Soni Aged About 74 Years H. No. 67 Ward No. 05, Behind Kanya School Veer Shivaji Ward, Balodabazar District - Bhatapara-Balodabazar Chhattisgarh ... Petitioners versus 1 - State Of Chhattisgarh Through Secretary, Public Health Engineering Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nava Raipur, District - Raipur Chhattisgarh 2 - Engineer In Chief Public Health Engineering Department, Indravati Bhavan, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh 3 - Superintending Engineer Public Health Engineering Department, Near Khalsa School, Raipur, Circle Raipur, District - Raipur Chhattisgarh 4 - Executive Engineer Public Health Engineering, Division, Raipur District Raipur Chhattisgarh GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.01.23 19:26:12 +0530 2 5 - Director Treasury, Account And Pension Raipur, District - Raipur Chhattisgarh ... Respondent(s) For Petitioners : Shri Amod Kumar Shrivastava, 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 Amod Kumar Shrivastava, learned counsel for the petitioners and Shri Suyashdhar Badgaiya, learned Deputy Government Advocate appearing for the State/respondents. 2. Since the matter is heard and decided finally, as such, I.A. No.1 application for exemption from filing typed copy of the documents is allowed. 3. By filing this writ petition, the petitioners have prayed for following relief(s):- (i)Honble Court may kindly be pleased to call for the entire record in respect of amount of leave encashment. (ii)Hon’ble Court may kindly be pleased to direct respondent authority to pay the amount of leave encashment with 18% interest from the date of retirement to the petitioners. 3 (iii)Any other relief may also be granted to the petitioners which this Honble Court may deem fit and proper in the facts and circumstances of the case.” 4. Learned counsel for the petitioners submits that the petitioner No.1 is the widow of the deceased employee and petitioner No.2 is retired employee of the respondent department who were work charged employees working in 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 decided on 30.09.2022, the petitioners are entitled for leave encashment. 5. Learned State counsel submits that sufficient documents have not been filed by the petitioners and it is also not reflected as to whether the husband of petitioner No.1 and petitioner No.2 have completed the minimum period of service to avail the benefit of leave encashment. 6. I have heard learned counsel for parties and perused the documents available in record. 7. Be that as it may, without commenting anything on the merits, this writ petition is disposed of 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 4 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 (surpa), 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. 8. Accordingly, this writ petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad ) JUDGE gouri