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2025 DAILYLAW 6124 (CHH)

RAMKHILAWAN SHARMA v. STATE OF CHHATTISGARH

WPS/755/2025 · 2025-01-28

Shri Amitendra Kishore Prasad

body2025

Judgment text

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1 2025:CGHC:5032 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 755 of 2025 • Ramkhilawan Sharma S/o Late Ramkishore Sharma Aged About 68 Years R/o N.H-43, Main Road Ganeshpur District Surajpur (Chhattisgarh) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Water Resources Department Shivnath Bhawan, Mantralaya, Atal Nagar, Nava Raipur, District Raipur (Chhattisgarh). 2 - Engineer In Chief Water Resources Department, Shivnath Bhawan Atal Nagar, Nawa Raipur District Raipur (Chhattisgarh). 3 - Executive Engineer W.R.D.Baikunthpur, District Korea (Chhattisgarh). ... Respondent(s) For Petitioner(s) : Mr. Sanjay Kumar Yadav, Advocate. For Respondent(s) /State : Ms. Nupuri Trivedi, Panel Lawyer. Digitally signed by RAGHVENDRA JAT 2 Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 28/01/2025 1. Heard on I.A. No. 01/2024, which is an application for exemption from filing of type copy. 2. On due consideration and for the reasons mentioned in the application, I.A. No. 01/2024 is allowed. 3. By way of this writ petition, the petitioner has prayed for following reliefs:- “10.1 Hon'ble Court may kindly be pleased to call for the entire record in respect of amount of leave encashment. 10.2 Hon'ble Court may kindly be pleased to direct respondent authority to pay the amount of leave encashment with 18% interest from the date of retirement to the petitioners. 10.3 Any other relief may also be granted to the Petitioners which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. 10.4 That the cost of the Petition be granted.” 4. Learned counsel for the petitioner submits that petitioner is retired employee of the respondent department, who was 3 working as Chowkidar in the Water Resource 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 petitioner is entitled for leave encashment. 5. 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 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 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 person, as in the case of Faguvaram Patel (Supra), 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 4 representation. 8. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat