Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:5022
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 684 of 2025 1 - Domar Sing Nishad S/o Late Pachkaud Aged About 65 Years Thakurain Tola, Distt Durg C.G.
... Petitioner 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.)
... Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Mr. Virendra Vaishnav, Advocate For State/Respondent(s) : Mr. Suyashdhar Badgaiya, Dy. Government Advocate Hon'ble Shri Justice
Amitendra Kishore Prasad
Order on Board 28/01/2025
1. Heard Mr. Virendra Vaishnav, learned counsel petitioner as well RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.02.03 19:53:24 +0530
2 as Mr. Suyashdhar Badgaiya, learned Dy. Government Advocate for State/respondents.
2. By way of this writ petition, the petitioner has prayed for following reliefs:
“1. Issue an appropriate writ/order/direction to the Respondent authorities in accordance with the order dated 30.09.2022, passed in WPS No.3870/2021 titled as Faguvaram Patel & Ors. vs. State of Chhattisgarh & Ors. and thereby the Petitioners be granted the leave encashment in the interest of justice. and /or.
2. Costs of the petition.
3. Any other relief as deemed fit by this Hon’ble Court.”
3. Learned counsel for the petitioner submits that petitioner is retired employees of the respondent department, who was worked charged government servant working as Helper in Public Health Engineering Department, District Gaurella-Pendra-Marwahi (C.G.). 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.
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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 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 petition stands disposed of with aforesaid observations and directions.
Sd/-
(Amitendra Kishore Prasad) Judge
Ravi Mandavi