1 2025:CGHC:5025 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 728 of 2025 1 - Gajendra Kumar Yadav S/o Late Jairam Ravate Aged About 64 Years H. No. 3, Behind Sector 1, Gitanjali Nagar, Telibandha, District- Raipur, C.G. ... Petitioner versus 1 - State Of Chhattisgarh Thro Secretary, Department 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) : Ms. Poorva Tiwari, Panel Lawyer Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 28/01/2025 1. Heard Mr. Virendra Vaishnav, learned counsel petitioner as well as Ms. Poorva Tiwari, Panel Lawyer for State/respondents. RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.02.03 19:44:52 +0530 2 2. Since the matter is heard and decided finally, therefore, I.A. No.01/2025, which is an application for exemption from filing typed copy is allowed. 3. By way of this writ petition, the petitioner has prayed for following reliefs: “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.” 4. Learned counsel for the petitioner submits that petitioner is retired employees of the respondent department, who was employed as Waterman in Public Health Engineering 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 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 3 whether the petitioner has completed the minimum period of 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 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. 8. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi