1 2025:CGHC:5164 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 793 of 2025 Ashwani Kumar Sahu S/o Kaluram Aged About 63 Years R/o Devchawk, Mathpurena, Raipur Distt. Raipur Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Urban Administration Department, Mantralaya, Atal Bhawan, Raipur Distt. Raipur (Chhattisgarh) 2 - Commissioner Municipal Corporation, New International Bus Stand, 3rd Floor, Ravanbhata, Raipur Distt. Raipur Chhattisgarh 3 - Zone Commissioner Zone No. 06, Municipal Corporation, New International Bus Stand, 3rd Floor, Ravanbhata, Raipur Distt. Raipur (Chhattisgarh) 4 - Superintendent General Administration, Municipal Corporation, Raipur, Distt. Raipur Chhattisgarh ... Respondents For Petitioner : Shri Bharat Lal Dembra, Advocate. For State : Shri Suyashdhar Badgaiya, Dy.G.A. For respondents No.2 to 4 : Shri Pankaj Agrawal, Advocate. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.02.03 11:58:36 +0530 2 Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 29/01/2025 1. Heard Shri Bharat Lal Dembra, learned counsel for the petitioner, Shri Suyashdhar Badgaiya, learned Deputy Government appearing for the State and Shri Pankaj Agrawal, learned counsel for respondents No.2 to 4. 2. By filing this writ petition, the petitioner has prayed for following relief(s):- (i)That, the Hon'ble Court may kindly be pleased to issue appropriate writ directing the respondent authorities to extend the benefit of leave encashment/earned leave/surrender leave within stipulated time as this Hon'ble Court deems fit. (ii)That, the Hon'ble Court may further be pleased to pass orders as per annexure P/2 as the case of the petitioner is similar and he is also entitled to get benefit of earned leave after completing more than 10 years of service. (iii)This Hon'ble Court may further be pleased to grant any other relief which the Hon'ble Court deems fit and proper as per the nature of the case.” 3. Learned counsel for the petitioner submits that petitioner is retired employees of the respondent department, who was work charged 3 employee. 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. 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. 4 7. Accordingly, this writ petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad ) Judge gouri