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2025 DAILYLAW 7474 (CHH)

OM PRAKASH PANDEY v. STATE OF CHHATTISGARH

WPS/1185/2025 · 2025-02-13

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:7674 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1185 of 2025 1 - Om Prakash Pandey S/o Chhotelal Pandey Aged About 63 Years R/o Village Bazar Ward Rudri, Post- Rudri Tahsil And District- Dhamtari (C.G.) 2 - Savitri Sahu W/o Late Hemu Kumar Aged About 60 Years R/o Irrigation Colony Rudri, Tahsil And District- Dhamtari (C.G.) 3 - Dayalu Ram S/o Dashrath Lal Sahu Aged About 63 Years R/o Village- Gaura Chowk Gangrel, Tahsil And District- Dhamtari (C.G.) 4 - Abheram Nishad Late Aasharam Aged About 74 Years R/o Village- Nayapara (Achhota), Tahsil And District- Dhamtari (C.G.) 5 - Anjor Singh S/o Late Ganjha Ram Aged About 74 Years R/o Irrigation Colony Rudri, Tahsil And District- Dhamtari (C.G.) 6 - Samund Bai W/o Late Johar Singh Aged About 60 Years R/o Village Devar Bhat, District- Balod (C.G.) 7 - Radha Bai W/o Late Chova Lal Yadav Aged About 74 Years R/o Digitally signed by RAGHVENDRA JAT 2 Village- Soram Tahsil - District- Dhamtari (C.G.) 8 - Parvat Bai W/o Bisahu Ram Aged About 65 Years R/o Civil Colony Gangrel, Tahsil And District- Dhamtari (C.G.) 9 - Satwan Ram Sahu Sukulu Ram Sahu Aged About 70 Years R/o Amlidih, Tahsil And District- Dhamtari (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through, The Secretary, Water Resources Department Mahanadi Bhawan Atal Nagar Raipur (C.G.) 2 - Engineer In Chief, Water Resources Department Raipur, District- Raipur, Chhattisgarh. 3 - Chief Engineer, Mahanadi Jalasay Pariyojana, Water Resources Department Raipur, District- Raipur (C.G.). 4 - Executive Engineer E/m Heavy Machinery Division Mandal Rudri, Tahsil And District- Dhamtari (C.G.). 5 - Executive Engineer, Water Resources Division Rudri, Tahsil And District Dhamtari (C.G.). 6 - Executive Engineer E/m Heavy Machinery Division Raipur, Tahsil And District- Raipur (C.G.) ... Respondent(s) 3 For Petitioner(s) : Mr. Hemant Kesharwani, Advocate. For Respondent(s)/State : Mr. Kanwaljeet Singh Saini, Panel Lawyer. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 13/02/2025 1. Heard on I.A. No. 01/2025, which is an application for exemption from filing typed copies of Annexures. 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 issue the direction for the respondent authorities to grant the benefit of leave encashment.” 4. Learned counsel for the petitioners submits that the petitioners No. 1, 3, 4, 5, 8 & 9 and husband of petitioners No. 2, 6 & 7 are retired employees of the respondent department, petitioners No. 1, 3, 4, 5, 8 & 9 and husband of petitioners No. 2, 6 & 7 were working as work charged / contingency paid employees in the Water Resources 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. 4 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, 3, 4, 5, 8 & 9 and husband of petitioners No. 2, 6 & 7 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), 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