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2025 DAILYLAW 7657 (CHH)

RAM PYARE YADAV v. STATE OF CHHATTISGARH

WPS/1018/2025 · 2025-02-05

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:6572 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1018 of 2025 1 - Ram Pyare Yadav S/o Somaru Yadav Aged About 63 Years Retired Chowkidar, R/o Village Johari, Tehsil Wadafarnagar, District Balrampur- Ramanuganj Chhattisgarh. 2 - Kutubuddin S/o Sahabuddin Aged About 75 Years Retired Jeep Driver, R/o Ward No. 39, Ambikapur, Tehsil Ambikapur, District Surguja Chhattisgarh. 3 - Smt. Bandhano Paikara W/o Late Anand Ram Aged About 60 Years R/o Village Labji, Tehsil Ambikapur, District Surguja Chhattisgarh. 4 - Ratan Ram S/o Chamru Ram Aged About 72 Years Retired Chowkidar, R/o Village Bhitthikala, Tehsil Ambikapur, District Surguja Chhattisgarh. 5 - Nanka Ram S/o Sukhan Ram Aged About 63 Years Retired Chowkidar, R/o Village Gangapur, Tehsil Ambikapur, District Surguja Chhattisgarh. 6 - Bifan Ram S/o Dhoto Ram Aged About 63 Years Retired Chowkidar, R/o Village Gangapur (Khurd), Tehsil Ambikapur, District Surguja Chhattisgarh. 7 - Harihar Ram S/o Nanku Ram Aged About 63 Years Retired Chowkidar, R/o Village Gangapur (Khurd), Tehsil Ambikapur, District Surguja Chhattisgarh. ... Petitioner(s) Digitally signed by RAGHVENDRA JAT 2 versus 1 - State Of Chhattisgarh Through The Secretary, Water Resource Department, Mantralaya Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur Chhattisgarh. 2 - Engineer In Chief Water Resource Department Shivnath Bhawan, North Block Sector-19 New Raipur, District Raipur Chhattisgarh. 3 - Chief Engineer Hasdev Ganga Kachhar, Water Resource Department Ambikapur, District Surguja Chhattisgarh. 4 - Executive Engineer Water Resources Divsion No. 2 Ramanujganj, District Balrampur-Ramanujganj Chhattisgarh. 5 - Executive Engineer Water Resources Division Balrampur, District Balrampur-Ramanujganj Chhattisgarh. 6 - Executive Engineer Water Resources Division No. 1 Ambikapur, District Surguja Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Aakash Singh, Advocate. For Respondent(s)/State : Mr. S.S. Choubey, Panel Lawyer. 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 appliction, I.A. No. 01/2025 is allowed. 3. By way of this writ petition, the petitioners have prayed for following reliefs:- 3 “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. 10.2) Any other relief as this Hon'ble Court may be pleased to grant.” 4. Learned counsel for the petitioners submits that the petitioners No. 1, 2, 4, 5, 6 & 7 and husband of petitioner No. 3 are retired employees of the respondent department, petitioners No. 1, 2, 4, 5, 6 & 7 and husband of petitioner No. 3 were working as work charged/ contingency paid employee 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. 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, 2, 4, 5, 6 & 7 and husband of petitioner No. 3 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, 4 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