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2025 DAILYLAW 5477 (CHH)

SMT. JAMUNA VISHWKARMA v. STATE OF CHHATTISGARH

WPS/833/2025 · 2025-01-29

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:5172 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 833 of 2025 1 - Smt. Jamuna Vishwkarma Wd/o Late Ramkrishna Vishwakarma Aged About 50 Years R/o Ward No. 9, Behrapara, Dharmjaygarh (N.P) Raigarh, District Raigarh, Chhattisgarh. 2 - Smt. Sumitra Chouhan Wd/o Late B. R. Chouhan Aged About 50 Years R/o Ward No. 6 Maszidpara, Dharmjaygarh, Raigarh, District Raigarh, Chhattisgarh. 3 - Smt. Jamuna Bai Dewangan Wd/o Late Jagatram Dewangan Aged About 51 Years R/o Jogidipa Madhoban Par, Raigarh, District Raigarh, Chhattisgarh. 4 - Smt. Firanteen Bai Dewangan Wd/o Late Kanhaiyalal Dewangan Aged About 65 Years R/o Ward No. 11, Nawagadi Rajapara, Raigarh, District Raigarh, Chhattisgarh. 5 - Smt. Narmada Bai Sao Wd/o Late Anant Ram Sao Aged About 58 Years R/o 282/2, Rajeev Gandhi Nagar Ward No. 37, Raigarh, District Raigarh, Chhattisgarh. Digitally signed by RAGHVENDRA JAT 2 6 - Smt. Sukwaro Bai Wd/o Late Somaru Ram Dewangan Aged About 72 Years R/o Nawaraja, Raigarh, District Raigarh, Chhattisgarh. 7 - Smt. Gurubari Bai Wd/o Late Mohit Ram Dewangan Aged About 65 Years R/o House No. 8.397, Nawagarhi, Rajapara, Raigarh, District Raigarh, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Public Works Department, New Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur, Chhattisgarh. 2 - State Of Chhattisgarh Through The Secretary, General Administration Department, New Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur, Chhattisgarh. 3 - State Of Chhattisgarh Through The Secretary, Finance Department, New Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur, Chhattisgarh. 4 - The Engineer-In-Chief Public Works Department, Nirman Bhawan, North Block, Sector- 19, Capital Complex Naya Raipur, Atal Nagar, District Raipur, Chhattisgarh. 5 - The Superintendent Engineer Public Works Department, Bilaspur Circle, District Bilaspur, Chhattisgarh. 6 - The Executive Engineer Public Works Department, Raigarh Division/ Patthalgaon Division, District Raigarh, Chhattisgarh. 3 7 - The Sub-Divisional Officer Public Works Department, Sub-Division, Raigarh, District Raigarh, Chhattisgarh. 8 - The Joint Director Treasury Account And Pension, Divisional Office, Bilaspur Division, District Bilaspur, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. R.S. Patel, Advocate. For Respondent(s) : Mr. Abhishek Gupta, Panel Lawyer. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 29/01/2025 1. By way of this writ petition, the petitioners have prayed for following reliefs:- “10.1 Issue appropriate writ and direct the respondent authorities to Grant Leave Encashment to the petitioner along with an interest @24% per annum, in the interest of justice. 10.2 Issue appropriate writ and direct the respondent authorities to decide the representation of the petitioner within 03 months, in the interest of justice 10.3 Pass an appropriate order or issue writ as deemed fit under the facts and circumstances of the case.” 4 2. Learned counsel for the petitioners submits that the husband of the petitioners are retired employees of the respondent department, husband of the petitoners were working as Daily Wages Worker in the Public Works 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. 3. Learned State counsel submits that sufficient documents has not been filed by the petitioners and it is also not reflected as to whether the husband of 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 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 5 situated persons, as in the case of Faguvaram Patel (Supra), 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 the said representation. 6. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat