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2025 DAILYLAW 5479 (CHH)

LALIT BEHRA v. STATE OF CHHATTISGARH

WPS/801/2025 · 2025-01-29

Shri Amitendra Kishore Prasad

body2025

Judgment text

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1 2025:CGHC:5166 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 801 of 2025 Lalit Behra S/o Late Santram Behra Aged About 70 Years R/o House No. 388 Ward No. 08 Madhoban Talab Raigarh District Raigarh (C.G.). ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Public Health And Engineering 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 Mantralaya, Mahanadi Bhawan New Raipur, District Raipur (C.G.). 4 - The Engineer - In - Chief, Public And Health Department Department, Nirman Bhawan, North Block, Sector-19, Capital Complex Naya Raipur, Atal Nagar, Raipur (C.G.). 5 - The Superintendent Engineer, Public Health And Engineering Department, Bilaspur Circle, District - Bilaspur (C.G.). GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.01.30 11:16:27 +0530 2 6 - The Executive Engineer, Public Health And Engineering Department, Bilaspur Division, District - Bilaspur (C.G.). 7 - The Sub-Divisional Officer, Public Health And Engineering Department Sub - Division, Raigarh, District - Raigarh (C.G.). 8 - The Joint Director, Treasury Account And Pension, Divisional Office, Bilaspur Division, District - Bilaspur (C.G.). ... Respondents (Cause title taken from Case Information system) For Petitioner : Shri R.S. Patel, Advocate. For State : Shri Sabyasachi Choubey, PL. Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 29/01/2025 1. Heard Shri R.S. Patel, learned counsel for the petitioner and Shri Shri Sabyasachi Choubey, learned Panel Lawyer appearing for the State/respondents. 2. By filing this writ petition, the petitioner has prayed for following relief(s):- (i)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. 3 (ii)Issue appropriate writ and direct the respondent authorities to decide the representation of the petitioner within 03 months, in the interest of justice. (iii)Pass an appropriate order or issue writ as deemed fit under the facts and circumstances of the case.” 3. Learned counsel for the petitioner submits that petitioner is retired employees of the respondent department, who was work charged employee working in Public Health and Engineering 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 petitioner is entitled for leave encashment. 4. 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. 5. I have heard learned counsel for parties and perused the documents available in record. 6. Be that as it may, without commenting anything on the merits, this writ 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 4 the date of receipt of copy of this order with all necessary documents to substantiate his claim. In the event of filing of representation, on due verification, if the petitioner is found to be similarly situated persons, 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 the said representation. 7. Accordingly, this writ petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad ) Judge gouri