Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:9874
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1481 of 2025 1 - Devi Prasad Dubey S/o Lt. Satrughan Ram Dubey Aged About 65 Years R/o Deori, Patelpara, Baikunthpur, District - Koriya (C.G.) 2 - Lakshmaniya Wd/o Lt. Rupsay Aged About 65 Years (Employee In The Respondent Department), R/o Ward No.-13, Pragati Nagar, Kabir Das Ward, Turiyapara, Manpur, Surajpur, District - Surajpur (C.G.)
... Petitioners versus 1 - State Of Chhattisgarh Through - The Secretary, Department Of Water Resources, Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur,
District
-
Raipur
(C.G.) 2 - Engineer-In-Chief Water Resource Department, Shivnath Bhawan, Sector-19,
Naya
Raipur,
District
-
Raipur
(C.G.) 3 - Chief Engineer Water Resource Department, Hasdeo Ganga Kachhar,
Ambikapur,
District
-
Ambikapur
(C.G.) 4 - Executive Engineer Water Resource Department, Division Baikunthpur,
District
-
Koriya
(C.G.) 5 - Executive Engineer Water Resource Department, Division Surajpur, District
-
Surajpur
(C.G.) 6 - Divisional Joint Director Fund Account And Pension, Sarguja Division, District - Sarguja (C.G.)
... Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioners :- Mr. P.S. Nikita, Advocate on behalf of Ms. VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR
2 P.S.Nikita, Advocate For State :- Ms. Akansha Verma, P.L. ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 27.02.2025
1. By way of this writ petition, the petitioners have prayed for following reliefs:-
“10.1 That, the Hon'ble Court may kindly be pleased to issue an appropriate writ by directing the respondent authorities to consider the case of petitioners for grant of leave encashment and appropriate orders be passed for releasing of leave encashment along with interest, in the interest of Justice. 10.2 Any other relief or reliefs may also be granted to the petitioners which this Hon'ble court deems fit and proper in the facts and circumstances of the case. ”
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 a 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