Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:7104
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1084 of 2025 1 - Atma Ram S/o Shri Sada Ram Meshram Aged About 62 Years R/o Sadaram 96 Ward No. 14, Chhuikhadan Rajnandgaon District - Rajnandgoan (C.G.)
... Petitioner Versus 1 - State Of Chhattisgarh Through The Secreatry Department Mahanadi Bhawan Mantralaya Atal Nagar New Raipur District - Raipur (C.G.) 2 - The Executive Engineer Water Resources Department Durg Division District - Durg (C.G.) 3 - The Joint Director Treasury Account And Pension Durg Division District - Durg (C.G.)
... Respondents For Petitioner : Mr. Rustam Sahu, Advocate For Respondents : Mr. Kanwaljeet Singh Saini, Panel Lawyer SB: Hon'ble Shri Justice
Amitendra Kishore Prasad
Order on Board 07/02/2025
1. Heard on I.A. No. 01/2025 which is an application for exemption from filing typed copy and relevant documents. 2. Learned counsel for the petitioner submits that he is not pressing this application at this stage, as he has filed the concerned documents as prayed for in the application. 3. In view of the submissions made by the learned counsel for the SHUBHAM DEY Digitally signed by SHUBHAM DEY
2 petitioner, I.A. No. 01/2025 is disposed of. 4. Heard Mr. Rustam Sahu, learned counsel for the petitioner as well as Mr. Kanwaljeet Singh Saini, learned Panel Lawyer for State/Respondents. 5. By way of this writ petition, the petitioners have prayed for following reliefs:
“10.1. That, the Hon'ble Court may kindly be pleased to issue an appropriate writ, thereby directing the respondent authorities to grant the benefits of leave encashment of 120 days as per the order dated 30.09.2022 and 25.01.2024 passed by the Hon’ble Court in identical case bearing W.P. (S) No. 3870/2021 and 440/2024 in favour of the petitioners with interest from the date of entitlement to its actual payment. 10.2. That, any other relief, which may be deemed fit by this Hon’ble Court just and proper in the facts and circumstances of the case may also be provided in favour of the petitioners.”
6. Learned counsel for the petitioner submits that the petitioner was initially appointed on temporary basis on the post of Unskilled Labour in the Water Resources Department. Petitioner was discharging his duty up to the satisfaction of his superior authorities without any complaint and subsequently, he became permanent employee and have retired from his services.
During his service, the Petitioner has performed his duties and obligations bestowed upon him with utmost sincerity and to the best of his capabilities with an unblemished service record. 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
3 decided on 30.09.2022, the petitioner is entitled for leave encashment. 7. Learned State counsel submits that sufficient documents have not been filed by the petitioner and it is also not reflected as to whether the petitioner has completed the minimum period of service to avail the benefit of leave encashment. 8. I have heard learned counsel for parties and perused the documents available in record. 9. Be that as it may, without commenting anything on the merits, this petition is disposed of giving liberty to the petitioner 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 petitioner is found to be similarly situated person, as in the case of Faguvaram Patel (surpa), 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. 10. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/-
(Amitendra Kishore Prasad) Judge Dey