1 2025:CGHC:4382 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 648 of 2025 1 - Shakuntala Gaidhane Wd/o Late Hemant Gaidhane Aged About 70 Years R/o 944/45, Near Dr. Lohana Clinic, Trikrapara, District Raipur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Dept. Of Public Health Engineering, Mahanadi Bhawan, Nava Raipur, Distt Raipur (C.G.) 2 - Executive Engineer Public Health Engineer, Distt. Raipur (C.G.) 3 - Divisional Joint Director Treasury Accounts And Pension Raipur Division, District Raipur (C.G.) ... Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioner :- Mr. Raja Sharma & Mr. Deepak Sharma, Advocates For State :- Ms. Neelima Singh, P.L. ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 24.01.2025 1. By way of this writ petition, the petitioner has prayed for following reliefs:- VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 “Wherefore it is prayed that this Hon'ble Court be pleased to allow the instant petition with consequential relief and issue appropriate Writ and/ or suitable order and / or direction, calling for entire service records of the petitioner particularly the one concerning the calculation, grant, and sanction of retiral / terminal benefit to the petitioner from the possession of the respondents for kind perusal and to further direct the authorities to take time bound decision for calculation, grant, and sanction of leave encashment as a part of retiral / terminal benefit to the petitioner with interest from the date it has become due; and pass any other order(s) as this Hon'ble Court may deem fit and proper in the interest of justice.” 2. Learned counsel for the petitioner submits that the deceased husband of the petitioner was a retired employee of the respondent department, who was working 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 husband of the petitioner was entitled for leave encashment. 3. Learned State counsel submits that sufficient documents have not been filed by the petitioner and it is also not reflected as to whether the husband of the petitioner has completed the minimum period of the service to avail the benefit of leave encashment. 3 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 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 her husband’s claim. In the event of filing of representation, on due verification, if the husband of the petitioner is found to be similarly situated persons, as in the case of Faguvaram Patel (surpa), her 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 off with aforesaid observations and directions. sd/- (Amitendra Kishore Prasad) Judge Vishakha