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2025 DAILYLAW 5083 (CHH)

SULOCHANA SONARI v. STATE OF CHHATTISGARH

WPS/663/2025 · 2025-01-24

Shri Amitendra Kishore Prasad

body2025

Judgment text

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1 2025:CGHC:4389 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 663 of 2025 1 - Sulochana Sonari W/o Late Dinesh Sonari, Aged About 55 Years House No. R/o House No. 93 Aspatal Ward, Kondagaon, District - Kondagaon (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary Executive Engineer Water Resource Department Mantralay Atal Nagar Nawa Raipur, District Raipur (C.G.) 2 - The Executive Engineer, Water Resource Division - Kondagaon, District - Kondagaon (C.G.) 3 - The Joint Director, Treasury Accounts And Pension Division - Jagdalpur District - Bastar (C.G.) ... Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioner :- Ms. Prachi Singh, Advocate For State :- Mr. Vivek Sharma, Addl. A.G. ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 24.01.2025 1. By way of this writ petition, the petitioner has prayed for following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 to issue an appropriate writ, thereby directing the respondent authorities to grant the benefits of leave encashment of 120 days as per the orders dated 30.09.2022 & 05.03.2025 passed by the Hon'ble Court in identical case bearing Writ Petition (S) No. 3870/2021 & 1404/2025, with interest from the date of entitlement to its actual payment. 10.2 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given. An affidavit in support of the petition is filed herewith.” 2. Learned counsel for the petitioner submits that the deceased husband of the petitioner was retired employee of the respondent department, who was working as work charge employee in the respondent Department. She 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 husband of the petitioner was entitled for leave encashment. 3. 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 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 3 petition is disposed off 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 husband’s claim. In the event of filing of representation, on due verification, if the husband of the petitioner is found to be similarly situated persons, as in the case of Faguvaram Patel (supra), 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. 6. Accordingly, this petition stands disposed off with aforesaid observations and directions. sd/- (Amitendra Kishore Prasad) Judge Vishakha