Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:4380
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 642 of 2025 1 - Munna Lal Soni S/o Shri M. P. Soni Aged About 62 Years Retired Sthal Sahayak At Executive Engineer, Public Works Department Pathalgaon, Division Pathalgaon, District Jashpur, C.G., R/o Ward No. 8 Bagicha, (Dandapara), Tahsil Bagicha, District- Jashpur, C.G. 2 - Shri Ram Gupta S/o Shri Bujun Ram Aged About 62 Years Retired Sthal Sahayak At Executive Engineer, Public Works Department Pathalgaon, Division Pathalgaon, District Jashpur, C.G., R/o Ward No. 3 Bagicha,
Tahsil
Bagicha,
District-
Jashpur,
C.G. 3 - Shri Jawakim Beck S/o Shri Alwinus Beck Aged About 67 Years Retired Mali At Executive Engineer, Public Works Department Jashpur, Division, District Jashpur, C.G., R/o House No. 10, Civil Line Jashpur Nagar, District- Jashpur, C.G.
... Petitioners versus 1 - State Of Chhattisgarh Through - The Secretary, Department Of Public Works, Mantralaya, Mahanadi Bhawan, New Raipur, District- Raipur,
C.G. 2 - Engineer In Chief Department Of Public Works, Nirman Bhawan, North
Block,
Naya
Raipur,
C.G. VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR
2 3 - Chief Engineer Public Works Department Bilaspur Zone, District Bilaspur,
C.G. 4 - Executive Engineer Public Works Department Pathalgaon, Division Patalgaon,
District
Jashpur,
C.G. 5 - Executive Engineer Public Works Department Jashpur Division, District
Jashpur,
C.G. 6 - Joint Director Treasury, Account And Pension, Ambikapur, District Surguja, C.G.
... Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioners :- Mr. Jeet Ram Patel, Advocate For State :- Ms. Neelima Singh, P.L. ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 24.01.2025
1. By way of this writ petition, the petitioners have prayed for following reliefs:-
“10.1 That this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioners. 10.2 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 petitioners with interest, in the interest of the justice. 10.3 That, any other relief which the Hon'ble Court may deemed fit and proper also be granted to the petitioners, in the interest of justice.”
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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 Public Works 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 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 the
4 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