Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:6922
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1057 of 2025 1 - Smt. Santara Bai Wd/ Late Pancham Singh Gond Aged About 60 Years R/o Ward No. 08 Sadak Para Village Uchchabhitti Tahsil - Champa District - Janjgir - Champa (C.G.) 2 - Smt. Nanki Bai Wd/ Late Manrakhan Lal Aged About 72 Years R/o Village And Post Taraud Tahsil Janjgir District - Janjgir - Champa (C.G.)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary Department Of Public Works Department Mantralaya Atal Nagar Naya District - Raipur (C.G.) 2 - Superintending Engineer Public Works Department Bilaspur Circle Bilaspur (C.G.) 3 - Executive Engineer Pwd Champa Division District - Janjgir - Champa (C.G.) 4 - Joint Director Treasury Account And Pension District - Janjgir - Champa (C.G.)
... Respondents For Petitioners : Mr. Shubham Dwivedi, Advocate For State/Respondents : Mr. S.S. Choubey, Panel Lawyer Hon’ble Shri Amitendra Kishore Prasad, Judge
Order on Board 06.02.2025 1 Heard Mr. Shubham Dwivedi, learned counsel for the petitioners and Mr. S.S. Choubey, learned Panel Lawyer, appearing for the State/respondents. 2 By filing this writ petition, the petitioners have prayed for following relief(s):- YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.02.07 17:43:48 +0530
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“10.1 The Hon'ble Court may kindly be pleased direct the respondent authorities to grant benefit of leave encashment to the petitioners in accordance with the Rule 1977 with all consequential benefit within stipulated time. 10.2 The Hon’ble Court may kindly be pleased to direct the respondents to consider and decide the representation for grant of leave encashment to the petitioners in accordance with law. 10.3 This Hon’ble Court may kindly be pleased to grant any other writ/writs, order orders, relief/reliefs in favour of the petitioners, which the Hon’ble Court may deem fit and just in the facts and circumstances of the case, including award of the costs to the petitioners.” 3
Learned counsel for the petitioners submits that husbands of the petitioners are retired employees of the respondent department, who was worked charged employees working under the respondent department. He 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 Learned State counsel submits that sufficient documents have not been filed by the petitioners and it is also not reflected as to whether the
3 petitioners have completed the minimum period of service to avail the benefit of leave encashment. 5 I have heard learned counsel for parties and perused the documents available in record. 6 Be that as it may, without commenting anything on the merits, this writ petition is disposed of giving liberty to the petitioners to make detailed representations 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 (surpa), 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. 7 Accordingly, this writ petition stands disposed of with aforesaid observations and directions.
Sd/-/-
(Amitendra Kishore Prasad)
Judge
Yogesh