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2025 DAILYLAW 7972 (CHH)

BALHARI SINGH v. STATE OF CHHATTISGARH

WPS/1042/2025 · 2025-02-07

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:7095 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1042 of 2025 1 - Balhari Singh S/o Shri Manharan Singh Aged About 71 Years Retired Sthal Sahayak At Executive Engineer, Hasdeo Nahar Jal Prabandh Division Janjgir, Distt.- Janjgir- Champa, (C.G.), R/o Village Podi- Dalha (Ram Janki Mandir), Tahsil Akaltara, District Janjgir- Champa, (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Water Resource Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur (C.G.) 2 - Engineer In Chief Water Resources Department, Sihawa Bhawan New Raipur, District Raipur, (C.G.) 3 - Chief Engineer Minimata (Hasdeo) Bango Pariyojana, Bilaspur, District Bilaspur, (C.G.) 4 - Executive Engineer Hasdeo Nahar Jal Prabandh Division Janjgir, District Jangir- Champa, (C.G.) 5 - Joint Director Treasury, Account And Pension, Bilaspur, District Bilaspur, (C.G.) ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Mr. Jeet Ram Patel, Advocate For State/Respondent(s) : Mr. Rishabh Bisen, Panel Lawyer 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. Rishabh Bisen, learned Panel Lawyer for State/respondents. 2. By way of this writ petition, the petitioner has prayed for following reliefs: Digitally signed by SHAYNA KADRI 2 “10.1. That 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 petitioner submits that the petitioner was initially appointed as work-charge employee in respondent department in the year 1987 and due to superannuation he was retired from his service in the year 2016. 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 decided on 30.09.2022, the petitioner is also entitled for leave encashment. 4. 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. 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 petitioner to make 3 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 his 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. 7. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Shayna