Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:4622
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 670 of 2025 Rajendra Singh S/o Late Ramanand Singh Aged About 63 Years Retired 'Sthal Sahayak' At Executive Engineer Public Works Department Pathalgaon, Division Pathalgaon, District Jashpur, (C.G.) R/o. Village Hiraman Bigha, P/s. Paras Bigha, District Jehanabad, (Bihar).
... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Department Of Public Works, Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, Distt. Raipur (Chhattisgarh). 2 - Engineer In Chief Department Of Public Works, Nirman Bhawan, North Block, Naya Raipur, (Chhattisgarh) 3 - Chief Engineer Public Works Department Bilaspur Zone, District Bilaspur, Chhattisgarh 4 - Executive Engineer Public Works Department Pathalgaon, Division Pathalgaon, District Jashpur, Chhattisgarh 5 - Joint Director, Treasury Account And Pension, Ambikapur, Distt. Surguja (Chhattisgarh)
... Respondents YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.01.30 10:50:06 +0530
2 (Cause-title taken from Case Information System) For Petitioners : Mr. Prabhu Lal, Advocate, on behalf of Mr. Jeet Ram Patel, Advocate For Respondents/State : Mr. Ajit Singh, Govt. Advocate
Hon’ble Shri Amitendra Kishore Prasad, Judge
Order on Board 27/01/2025
1. Heard Mr. Prabhu Lal, learned counsel on behalf of Mr. Jeet Ram Patel,
learned counsel for the petitioner and Mr. Ajit Singh, Govt. Advocate appearing for the State/respondents.
2. By filing this writ petition, the petitioner has prayed for following relief(s):-
“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 direct the respondents authorities to give benefit of leave encashment within stipulated time to the petitioner with interest, in the interest of justice. 10.3 That, any other relief which the Hon’ble Court may deemed fit and proper also be granted to the petitioner, in the interest of justice.”
3. Learned counsel for the petitioner submits that petitioner is retired employee of the respondent department, who was worked as work charge employee in the respondent 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.
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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 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 Yogesh