Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:4400
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 690 of 2025
1. Sukhram Yadav S/o Shri Bisahu Ram Yadav Aged About 70 Years R/o Ward No. 5 Dindayal Upadhyay Nagar Jangalpara Post Nagri District - Dhamtari (C.G.). 2. Ratanu Ram Dhruw W/o Shri Bisahu Ram Aged About 70 Years R/o Ward No. 7 Mohmalla Post Nagri Dhamtari District - Dhamtari (C.G.). 3. Paras Ram Soni S/o Shri Ghasi Ram Soni Aged About 72 Years R/o Sarswati Shishu Mandir Para Nagri Dhamtari District - Dhamtari (C.G.). 4. Chinta Ram Kunwar S/o Shri Kartikram Aged About 67 Years R/o Village Amlidih Parsabuda Dhamtari District - Dhamtari (C.G.). 5. Bheemsen Jangde S/o Late Raghuram Jangde Aged About 27 Years R/o Ward No. 16 Bazar Chowk Bhatgaon Dhamtari District - Dhamtari (C.G.). 6. Bisaru Ram Dhruw S/o Shri Titra Ram Dhruw Aged About 73 Years R/o Arjuni Karaiya Ward No. 14 Dhamtari District - Dhamtari (C.G.). 7. Sukhdev Sahu S/o Shri Kartik Ram Aged About 66 Years R/o Village Amali Ward No. 14 Chhipali Dhamtari District - Dhamtari (C.G.). Digitally signed by RAGHVENDRA JAT
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8. Smt. Rukhmani Sahu W/o Late Room Lal Sahu Aged About 67 Years R/o Ward No. 02 Nawagaon Post Belarbazar Nawagaon (Sankra) Dhamtari District - Dhamtari (C.G.). 9. Papa Dei W/o Sukaru Ram Baghel Aged About 57 Years R/o H. 40 Sichai Colony Ward No. 38 Rudri Dhamtari District - Dhamtari (C.G.)
... Petitioner(s) versus
1. State Of Chhattisgarh Through The Secretary Water Resource Department New Mantralaya Mahanadi Bhawan New Raipur District - Raipur (C.G.). 2. State Of Chhattisgarh Through The Secretary General Administration Department New Mantralaya Mahanadi Bhawan New Raipur District - Raipur (C.G.). 3. State Of Chhattisgarh Through The Secretary Finance Department New Msantralaya Mahanadi Bhawan New Raipur District - Raipur (C.G.). 4. The Engineer In Chief Water Resource Department Nirman Bhawan North Block Sector - 19 Capital Complex Naya Raipur Atal Nagar Raipur (C.G.). 5. The Executive Engineer Water Resource Department Dhamtari Code No. 90 District - Dhamtari (C.G.). 6. The Joint Director Treasury Account And Pension Divisional Office Raipur Division District - Raipur (C.G.)
... Respondent(s) For Petitioner(s) : Mr. Palash Agrawal, Advocate. For Respondent(s)/State : Mr. Suyashdhar Badgaiya, Dy. G.A.
Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board
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1. Heard on I.A. No. 01/2025, which is an application for exemption from filing typed copy of Annexure P/1. 2.
On due consideration and for the reasons mentioned in the application, I.A. No. 01/2025 is allowed. 3. 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 petitioner. 10.2 That, this Hon'ble Court may kindly be pleased to issue appropriate writ and direct the respondent authorities to Grant the benefit of Leave Encashment to the petitioner along with a reasonable rate of interest, in the interest of justice. 10.3 That, this Hon'ble Court may kindly be pleased to pass an appropriate order or issue writ as deemed fit under the facts and circumstances of the case.”
4. Learned counsel for the petitioners submits that the petitioners No. 1, 2, 3, 4, 6, 7 and father of petitioner No. 5 & husband of petitioners No. 8 & 9 are retired employees of the respondent department, petitioners No. 1, 2, 3, 4, 6, 7 were working as work charge employee, father of petitioner No. 5 & husband of
4 petitioners No. 8 & 9 were working as work charge employee in the Water Resources Department. He further 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 has not been filed by the petitioners and it is also not reflected as to whether the petitioners No. 1, 2, 3, 4, 6, 7 and father of petitioner No. 5 and husband of petitioners No. 8 & 9 have completed the minimum period of the 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 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 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), his claim shall be decided by the respondents in light of judgment
5 of Faguvaram Patel (Supra) expeditiously preferably within the period of ‘90 days’ from the date of submission of the said representation. 8. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat