Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:5506
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 831 of 2025 1 - Nohar S/o Ratiram Aged About 62 Years Occupation Retired (On 31-07-2024 Unskilled Labor In The Office Of Executive Engineer P.W.D. Raigarh Sub Division Dharamjaigarh District - Raigarh (C.G.) R/o Village Miriguda Tahsil Dharamjaigarh And District - Raigarh (C.G.). 2 - Shankar Ram Yadav S/o Late Anandram Yadav Aged About 72 Years Occupation Retired (On 31-08-2014 Unskilled Labor In The Office Of Executive Engineer P.W.D. Raigarh Sub Division Dharamjaigarh District - Raigarh (C.G.) R/o Village Ward No. 9 Behrapara Tahsil Dharamjaigarh And District - Raigarh (C.G.). 3 - Birsa S/o Nanhiram Kanwar Aged About 66 Years Occupation Retired (On 31-05-2020 Unskilled Labor In The Office Of Executive Engineer P.W.D. Raigarh Sub Division Dharamjaigarh District - Raigarh (C.G.) R/o Kosamghat Kudumkela Tahsil Gharghoda And District - Raigarh
(C.G.). 4 - Gosai Ram Yadav S/o Fandiya Yadav Aged About 64 Years Occupation Retired (On 31-08-2022 Unskilled Labor In The Office Of Executive Engineer P.W.D. Raigarh Sub Division Sarangarh District - Sarangarh - Bilaigarh (C.G.) R/o Village Singhanpur P/o Pasod Police Digitally signed by RAGHVENDRA JAT
2 Station Kosir And District - Sarangarh - Bilaigarh (C.G.). 5 - Babulal Nishad @ Kenwat S/o Parshuram Kenwat Aged About 63 Years Occupation Retired (On 30-06-2023 Unskilled Labor In The Office Of Executive Engineer P.W.D. Raigarh Sub Division Raigarh District - Raigarh (C.G.) R/o Village Tadola Tahsil Pussour And District - Raigarh (C.G.)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary Department Of Public Works Atal Nagar Mantralaya Naya Raipur District - Raipur (C.G.). 2 - Engineer In Chief Public Works Department Atal Nagar Mantralaya Naya
Raipur
District
-
Raipur
(C.G.). 3 - Divisional Joint Director Treasury Account And Pension Division Bilaspur
District
-
Bilaspur
(C.G.). 4 - Executive Engineer Public Works Department Raigarh Division Raigarh District - Raigarh (C.G.).
... Respondent(s) For Petitioner(s) : Mr. Abhishek Saraf, Advocate. For Respondent(s)/ State : Ms. Nupur Trivedi, Panel Lawyer. Hon’ble Mr. Justice Amitendra Kishore Prasad
Order on Board 30/01/2025
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1. Heard on I.A. No. 01/2025, which is an application for exemption from filing typed copy of annexure P/1.
2. On due consideration and for the reasons mentioned in the application, I.A. No. 01/2025 is allowed.
3. By way of this writ petition, the petitioners have prayed for following reliefs:-
“10.1 That this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioners. 10.2 That this Hon'ble Court may kindly be pleased to direct the respondents authorities to give benefit of leave encashment within stipulated time to the petitioners with interest, and in the light of "Faguwa Ram Patel & Ors. Vs State Of Chhattisgarh & Ors" WPS No. 3870 of 2021" and W.P.(S) No. 103/2025 Smt. Rajwanti bai and ors. Versus State of C.G and ors.. In the interest of justice. 10.3 That, any other relief which the Hon'ble Court may deem fit and proper also be granted to the petitioners, in the interest of justice.”
4. Learned counsel for the petitioners submits that husband of petitioners are retired employees of the respondent department, who were working as Unskilled Labour in the Public Works
4 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 petitioners are entitled for leave encashment.
5. Learned State counsel submits that sufficient documents have not been filed by the petitioners and it is also not reflected as to whether the husband of petitioners have 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 petitioners 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 their claim. In the event of filing of representation, on due verification, if the petitioners are found to be similarly situated persons, as in the case of Faguvaram Patel (Supra), their 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.
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8. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat