Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:7096 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1048 of 2025 1 - Mani Ram S/o Shri Methla Ram Aged About 72 Years Retired Gang Mazdoor At Executive Engineer Public Works Department Jashpur Division District Jashpur (C.G.) R/o Village Khandsa Tahsil Duldula District - Jashpur (C.G.) 2 - Mukund Ram S/o Shri Bikul Ram Aged About 66 Years Retired Gang Shramik Akushal At Executive Engineer Public Works Department Jashpur Division District Jashpur (C.G.) R/o Village Charaidand Tahsil Duldula District - Jashpur (C.G.)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary Department Of Public Works Mantralaya Mahanadi Bhawan New Raipur District - Raipur (C.G.) 2 - Engineer In Chief Department Of Public Works Nirman Bhawan North Block Naya Raipur (C.G.) 3 - Chief Engineer Public Works Department Bilaspur Zone District - Bilaspur (C.G.) 4 - Executive Engineer Public Works Department Jashpur Division District – Jashpur 5 - Joint Director Treasury Account And Pension Ambikapur District- Surguja
... Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Mr. Jeet Ram Patel, Advocate For State/Respondent(s) : Mr. Ajit Singh, Government Advocate Hon'ble Shri Justice
Amitendra Kishore Prasad
Order on Board 07/02/2025
1. Heard Mr. Jeet Ram Patel, learned counsel petitioners as well as Mr. Ajit Singh, learned Government Advocate for State/respondents. Digitally signed by SHAYNA KADRI
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2. By way of this writ petition, the petitioners have prayed for following reliefs:
“10.1That this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner. 10.2 That this Hon'ble Court may kindly be pleased to direct the respondents authorities to give benefit of leave encashment within stipulated time to the petitioner with interest, in the interest of the justice. 10.3 That, any other relief which the Hon'ble Court may deemed fit and proper also be granted to the petitioner, in the interest of justice.”
3. Learned counsel for the petitioners submits that the respective petitioners were initially appointed as daily wages work-charge employee in respondent department in the year 1983 to 1988 in the work-charge, and due to superannuation they were retired from their service in the year 2015 to 2021. During their service, the petitioners have performed their duties and obligations bestowed upon them with utmost sincerity and to the best of their 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 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 petitioners have completed the minimum period of service to avail the benefit of leave encashment. 3
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 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 (surpa), their claims 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 petition stands disposed of with aforesaid observations and directions. Sd/-
(Amitendra Kishore Prasad) Judge Shayna