Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:6571
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1014 of 2025 1 - Arun Kumar Sahu S/o Bhudhar Singh Sahu Aged About 67 Years R/o Village Gandardehi, Ward No. 6, Near Government Hospital, Tehsil Gundardehi,
District
Balod,
Chhattisgarh. 2 - Ashok Kumar Rawat S/o Late Govardhan Rawat Aged About 69 Years R/o Village And Post Latabod, Tehsil And District Balod, Chhattisgarh. 3 - Bhumanna Swami S/o Late D.S. Naidu Aged About 66 Years R/o Village Kharkhara Canal Balod, Tehsil And District Balod, Chhattisgarh. 4 - Jubeda Begam S/ Late Nijamuddin Aged About 64 Years R/o Ganga Sagar Talab Balod, Tehsil And District Balod, Chhattisgarh. 5 - Shrawan Kumar Sinha S/o Ramkishun Aged About 65 Years R/o Sirrabhata, Tehsil Gunderdehi, District Balod, Chhattisgarh.
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Public Health Engineering Department Raipur, District Raipur, Chhattisgarh. Digitally signed by RAGHVENDRA JAT
2 2 - Engineer In Chief Public Health Engineering Department Raipur Parishetra
Raipur
District
Raipur,
Chhattisgarh. 3 - Superintendent Engineer Public Health Engineering Department Durg
Mandal
Durg,
District
Durg,
Chhattisgarh. 4 - Executive Engineer Public Health Engineering Department Block Balod,
District
Balod,
Chhattisgarh. 5 - Joint Director Pension And Kosh Lekha Department Durg, District Durg, Chhattisgarh.
... Respondent(s) For Petitioner(s) : Mr. Aakash Singh, Advocate. For Respondent(s)/State : Mr. Ajit Singh, Government Advocate.
Hon’ble Mr. Justice Amitendra Kishore Prasad
Order on Board 05/02/2025
1. Heard on I.A. No. 01/2025, which is an application for exemption from filing typed copies.
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
3 grant the benefit of leave encashment. 10.2) Any other relief as this Hon'ble Court may be pleased to grant.”
4. Learned counsel for the petitioners submits that petitioners are retired employees of the respondent department, who were working as work charged / Contingency Paid Employees in the Public Health Engineering 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 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
4 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.
8. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat