Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 5867 (CHH)

SURYAPRAKASH SHRIVASTAVA v. STATE OF CHHATTISGARH

WPS/722/2025 · 2025-01-27

Shri Amitendra Kishore Prasad

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 722 of 2025 1 - Suryaprakash Shrivastava S/o Punalal Shrivastava Aged About 62 Years R/o Ward No. 39, Korin Bhantha, Police Station- Basantpur, Rajnandgaon, District Rajnandgaon, Chhattisgarh. 2 - Dileep Kumar Marjiwe S/o Shaam Rao Marjiwe Aged About 70 Years R/o House No. 37, Ward No. 39, Shiv Basti, Korin Bhantha, Police Station- Basantpur, Rajnandgaon, District Rajnandgaon, Chhattisgarh. 3 - Madhukar Joglekar S/o Dattatray Joglekar Aged About 62 Years R/o Bajarangpur, Navagaon, Ward No. 01, Rajnandgaon, District : Rajnandgaon, Chhattisgarh 4 - Madhodas Ganda S/o Baboolal Ganda Aged About 62 Years R/o House No. 03, Ward No. 30, Kailash Nagar, Rajnandgaon, District : Rajnandgaon, Chhattisgarh 5 - Amol Das Sahu S/o Bhavdas Sahu Aged About 69 Years R/o Ward No. 13, Shikshak Nagar, Station Para, Rajnandgaon, District : Rajnandgaon, Chhattisgarh 6 - Rohit Kumar Yadav S/o Gokul Yadav Aged About 65 Years R/o House No. 366(1), Guru Nagar Colony, Gouri Nagar, Ward Number 12, Rajnandgaon, District : Rajnandgaon, Chhattisgarh 7 - Pyare Khan S/o Niyaj Ali Aged About 70 Years R/o House No. 226, Near Power House, Ward No. 30, Ram Nagar, Rajnandgaon, District : Rajnandgaon, Chhattisgarh 8 - Chunu Ram Sahu S/o Dhansay Sahu Aged About 62 Years R/o House No. 979, Ward No. 43, Durga Chowk, Lakholi, Rajnandgaon, District : Rajnandgaon, Chhattisgarh 9 - Gaindlal Sahu S/o Binjhwar Sahu Aged About 64 Years R/o Ward VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 No. 18, Gali No. 05, Shahid Chowk, Mamta Nagar, Rajnandgaon, District : Rajnandgaon, Chhattisgarh 10 - Vijay Kumar Gwal S/o Daya Ram Gwal Aged About 63 Years R/o House No. 089, Baldev Bag, Ward No. 14, Rajnandgaon, District : Rajnandgaon, Chhattisgarh ... Petitioners versus 1 - State Of Chhattisgarh Through Secretary, Public Works Department, Raipur, District Raipur, Chhattisgarh. 2 - Joint Director, Accounts, Treasury And Pension Directorate, Raipur, District : Raipur, Chhattisgarh 3 - Engineer In Chief Public Works Department, Raipur, District : Raipur, Chhattisgarh 4 - Chief Engineer, Public Works Department, Durg, District Durg, Chhattisgarh. 5 - Superintendent Engineer Public Works Department, Durg, District Durg, Chhattisgarh. 6 - Executive Engineer Public Works Department, Rajnandgaon, District : Rajnandgaon, Chhattisgarh 7 - Sub Divisional Officer Public Works Department, Rajnandgaon, District : Rajnandgaon, Chhattisgarh ... Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioners :- Mr. Shikhar Sharma, Advocate For State :- Mr. Khulesh Sahu, P.L. ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 27.01.2025 1. By way of this writ petition, the petitioner has prayed for following reliefs:- “10.1. That, the records pertaining to the cases of the 3 petitioners may be kindly called for kind perusal of this Hon'ble Court. 10.2 That, the Hon'ble Court may kindly direct the respondent authorities to release the leave encashment benefits to petitioners account with applicable interest, in the interest of justice. 10.3. That any other relief which this Hon'ble court may deem fit and just in the facts and circumstances of the case.” 2. Learned counsel for the petitioners submits that petitioners are retired employees of the respondent department, who were working as class-IV employees in the Public Works 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 petitioners were entitled for leave encashment. 3. Learned State counsel submits that sufficient documents have not been filed by the petitioners and it is also not reflected as to whether 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 off giving liberty to the petitioners to make detailed representation before the concerned respondent / competent authority within a period of ‘30 days’ from the date of 4 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), their claim shall be decided by the respondents in light of judgment of Faguvaram Patel (Supra) expeditiously preferably within a period of ‘90 days’ from the date of submission of the said representation. 6. Accordingly, this petition stands disposed off with aforesaid observations and directions. sd/- (Amitendra Kishore Prasad) Judge Vishakha