Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:6569
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1010 of 2025 1 - Nohar Lal Tivari S/o Ramadhar Tivari Aged About 71 Years Retired Time Keeper, R/o Jawahar Para, Ward No. 11, Balod, Tehsil And District Balod (C.G.). 2 - Hiru Ram Patel S/o Kapil Ram Patel Aged About 65 Years Retired Labour, R/o Village Umradaah, Post Belmand, Tehsil And District Balod (C.G.). 3 - Awadh Ram Thakur S/o Roopsingh Thakur Aged About 67 Years Retired Labour, R/o Village And Post Jamruwa, Tehsil And District Balod (C.G.)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Water Resource Department Mahanadi Bhawan Atal Nagar Raipur (C.G.). 2 - Engineer In Chief Water Resource Department, Shivnath Mandal, North Block, Sector-19 Atal Nagar, Nawa Raipur, District Raipur (C.G.). 3 - Chief Engineer Mahanadi Godawari, Kachhar, Water Resource Department Raipur, District Raipur (C.G.). 4 - Superintendent Engineer Shivnath Mandal, Water Resource Department Durg, District Durg (C.G.). Digitally signed by RAGHVENDRA JAT
2 5 - Executive Engineer Water Resource Division, Balod, District Balod (C.G.). 6 - Joint Director Pension And Kosh Lekha Department, Durg, District Durg (C.G.)
... Respondent(s) For Petitioner(s) : Mr. Aakash Singh, Advocate. For Respondent(s)/ State : Mr. Suyashdhar Badgaiya, Dy. G.A.
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 of annexures.
2. Learned counsel for the petitioner submits that he has already filed legible and typed copies of the documents.
3. Accordingly, I.A. No. 01/2025 is hereby allowed.
4. 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.”
5. 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
3 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.
6. 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.
7. I have heard learned counsel for parties and perused the documents available in record.
8. 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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9. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat