1 2025:CGHC:4297 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 634 of 2025 1 - Shiv Kumar Rajput S/o Shri Atma Ram Rajput Aged About 63 Years R/o Ward No.18, Thakurpara, Mangla, District Bilaspur, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Deopartment Of Public Works, Mahanadi, Bhawan Mantralaya, Naya Raipur, District Raipur, Chhattisgarh 2 - Engineering In Chief Public Works Department, Indrawati Bhawan, New Raipur, District Raipur, Chhattisgarh 3 - Executive Engineer Public Works Department, Division No.2 Bilaspur, District Bilaspur, Chhattisgarh 4 - Joint Director Treasury Account And Pension, Bilaspur, District Bilaspur Chhattisgarh ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Mr. Mayank Kumar, Advocate For State/Respondent(s) : Mr. Suyadhdhar Badgaiya, Dy. Government Advocate Hon'ble Shri Justice Amitendra Kishore Prasad RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.01.28 12:17:09 +0530 2 Order on Board 23/01/2025 1. Heard Mr. Mayank Kumar, learned counsel for the petitioners as well as Mr. Suyadhdhar Badgaiya, learned Dy. Government Advocate for the State/respondent/s. 2. By way of this writ petition, the petitioners have prayed for following reliefs: “10.1. The Hon'ble Court may kindly be pleased to call for the entire records leading to the impugned action of the respondents, for the kind perusal of this Hon’ble Court. 10.2 The Hon'ble Court may further kindly be pleased to direct the respondents to release the entire amount of leave encashment as entitled to the petitioner, in light of the judgment passed by this Hon’ble Court in matter of Faguvaram Patel and others vs. State of Chhattisgarh and Ors. - WPS No.3870 of 2021 and other connected matters. 10.3 Any other relief which the Hon'ble Court deems fit and proper may also kindly be granted to the petitioner, in the interest of justice.” 3. Learned counsel for the petitioner submits that the petitioner retired from service of Time Keeper on 31.12.2024. The respondent Public Works Department is government agency responsible for building and maintaining public services, such as public government construction, highways, bridges, public transportation, drinking water sources, etc. The petitioner is aggrieved by the inaction on the part of the respondents that 3 though the petitioner retired from his services in Respondent Public Works Department, nonetheless, till date the respondents have not granted the leave encashment, as entitled to him in terms of the provisions of the Chhattisgarh Work- Charged/Contingency Paid Employees Leave Rules, 1977. As the petitioner is entitled to get the benefits of leave encashment but the said benefits have not been extended in favour of the petitioner, in illegal, arbitrary and discriminatory manner. Learned counsel for the petitioner 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. 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. 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 4 representation, on due verification, if the petitioner is found to be similarly situated person, 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 their said representation. 6. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi