Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:6923
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1059 of 2025 1 - Sanapala Sanjeev Rao S/o Shri Sanapala Linyaiya Aged About 65 Years R/o 61, Surabhi Colony Avra Bhatha Dantewada (N.P.) South Bastar, District Dantewada (Chhattisgarh) 2 - Sevakram Chourasiya S/o Shri Titaru Ram Aged About 70 Years R/o Ward No. 23, Ganganagar, Near Shiv Mandir, Jagdalpur, District Bastar (Chhattisgarh) 3 - Kaval Singh Thakur S/o Shri Kurso Singh Thakur Aged About 62 Years R/o 110, Dumar Para, Biringpal, Biranpal, Bastar, District Bastar (Chhattisgarh)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Water Resources Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur, District Raipur, Chhattisgarh 2 - The Executive Engineer Water Resources Department Raipur Division, District Raipur (Chhattisgarh) 3 - The Joint Director Treasury Accounts And Pension Dantewada Division, District Dantewada (Chhattisgarh) 4 - The Joint Director Treasury Accounts And Pension Bastar Division, District Jagdalpur, Chhattisgarh
... Respondents For Petitioners : Mr. Rustam Sahu, Advocate For State/Respondents : Ms. Shailja Shukla, Dy. Govt. Advocate Hon’ble Shri Amitendra Kishore Prasad, Judge
Order on Board 06.02.2025 1 Heard Mr. Rustam Sahu, learned counsel for the petitioners and Ms. Shailja Shukla, learned Deputy Government Advocate appearing for the State/respondents. 2
Learned counsel for the petitioners submits that he is not pressing I.A. No.1, application for exemption from filing typed copy of the documents as he has filed typed and legible copies of the documents. YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.02.07 17:43:48 +0530
2 3 In view of the above, I.A. No.1 is dismissed as not pressed. 4 By filing this writ petition, the petitioners have prayed for following relief(s):-
“10.1 That the Hon'ble Court may kindly be pleased to issue an apporpriate 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.” 5
Learned counsel for the petitioners submits that 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. 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 service to avail the benefit of leave encashment.
3 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 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. 9 Accordingly, this writ petition stands disposed of with aforesaid observations and directions.
Sd Sd/-
(Amitendra Kishore Prasad)
Judge
Yogesh