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2025 DAILYLAW 6475 (CHH)

JAGATRAM v. STATE OF CHHATTISGARH

WPS/821/2025 · 2025-01-30

Shri Amitendra Kishore Prasad

body2025

Judgment text

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1 2025:CGHC:5503 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 821 of 2025 1 - Jagatram S/o Bhanu Rawat Aged About 63 Years Occupation- Retired (On 30-06-2023) Unskilled Labor In The Office Of Executive Engineer P.W.D. Raigarh, District Raigarh, (C.G.), R/o. Village- Tadola, Tahsil Pussour And District- Raigarh (C.G.). 2 - Rajkumar S/o Chandan Aged About 63 Years Occupation- Retired (On 30-06-2023) Unskilled Labor In The Office Of Executive Engineer P.W.D. Raigarh, District Raigarh, (C.G.), R/o. Village- Gopal, P/o. Boirdadar, Police Sttion Chakradharnagar, Tahsil And District- Raigarh C.G. 3 - Kasturam Yadav S/o Negiram Yadav Aged About 64 Years Occupation- Retired (On 30-01-2022) Care Taker In The Office Of Executive Engineer P.W.D. Raigarh, District Raigarh, (C.G.), R/o. Ward No.- 5, Behind Sinchai Colony, Gharghoda, Tahsil - Gharghoda And District- Raigarh C.G. 4 - Bhawani Shankar Pandey S/o Medini Prasad Pandey Aged About 70 Years Occupation- Retired (On 31-03-2013) Unskilled Labor/site Assistant In The Office Of Executive Engineer P.W.D. Raigarh, District Digitally signed by RAGHVENDRA JAT 2 Raigarh, (C.G.), R/o. Purani Basti, Kharsia, Police Station Kharsia, And District- Raigarh C.G. 5 - Shrawan Sabar S/o Late Dukhuram Sabar Aged About 37 Years Occupation- Dukhuram Died (On 30-04-2023) /retired As Unskilled Labor On 30-09-2017 In The Office Of Executive Engineer P.W.D. Raigarh, Sub-Division- Raigarh, District- Raigarh C.G. R/o Kupripara, Tamnar Tahsil Tamnar And District- Raigarh (C.G.) 6 - Pritam Das S/o Harihar Aged About 62 Years Occupation- Retired (On 31-05-2024) Unskille Labor In The Office Of Executive Engineer P.W.D. Raigarh, Sub Division Dharamjaigarh District Raigarh, (C.G.), R/o. Miriguda, Tahsil - Dharamjaigarh 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, 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) (Cause title taken from CIS) 3 For Petitioner(s) : Mr. Abhishek Saraf, Advocate. For Respondent(s)/State : Mr. Abhishek Gupta, Penal Lawyer. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 30/01/2025 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. 4 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 the petitioners No. 1 to 4 & 6 and father of petitioner No. 5 are retired employees of the respondent department, petitoner No. 1 was working as Unskilled Labour, petitioner No. 2 was working as Unskilled Labour, petitioner No. 3 was working as Care Taker, petitioner No. 4 was working as Unskilled Labour and petitioner No. 6 was working as Unskilled Labour and father of petitioner No. 5 was working as Unskilled Labour in the Public Works 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 has not been filed by the petitioners and it is also not reflected as to whether the petitioners No. 1 to 4 & 6 and father of petitioner No. 5 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. 5 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), 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 Raghu Jat