Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:5168
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 806 of 2025 1 - Ramlal S/o Ghanaram Aged About 68 Years Retired Chowkidar, R/o Village Sakalo, Police Station Rajpur, District : Balrampur, Chhattisgarh. 2 - Lohara Das S/o Rameshwar Das Aged About 69 Years Retired Chowkidar, R/o Village And Post Mangari, Tahsil Sitapur, District Surguja,
(C.G.). 3 - Smt. Mamta Tamrakar W/o Late Rakesh Kumar Tamrakar Aged About 58 Years R/o Vasundhara Vihar, Bodhanpur, Ambikapur, Tahsil Ambikapur, District Surguja (C.G.). ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Water Resources Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nava Raipur, District
Raipur
(C.G.). 2 - Enginer In Chief Water Resources Department Shivnath Mandal, North Block, Sector 19, Atal Ngaar, Nava Raipur, District Raipur, Chhattisgarh. Digitally signed by RAGHVENDRA JAT
2 3 - Chief Engineer Hasdeo Ganga Kachhar, Water Resources Department,
Ambikapur,
District
Surguja
(C.G.). 4 - Executive Engineer Water Resources Division No. 1, Ambikapur, District Surguja, (C.G.). ... Respondent(s) For Petitioner(s) : Mr. Hemant Kesharwani, Advocate. For Respondent(s)/State : Ms. Shailja Shukla, Dy. G.A. Hon’ble Mr. Justice Amitendra Kishore Prasad
Order on Board 29/01/2025
1. Heard on I.A. No. 01/2025, which is an application for exemption from filing typed copy. 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 issue the direction for the respondent authorities to grant the benefit of leave encashment.”
4. Learned counsel for the petitioners submits that the petitioners No. 1 & 2 and husband of petitioner No. 3 are retired employees of the respondent department, petitioners No. 1 & 2 were working
3 as work charged / contingency paid employees and husband of petitioner No. 3 was working as work charged / contingency paid employees 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 and husband of petitioner No. 3 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),
4 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. 8. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat