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2025 DAILYLAW 7981 (CHH)

DAULAL YADAV v. STATE OF CHHATTISGARH

WPS/1171/2025 · 2025-02-13

Shri Amitendra Kishore Prasad

body2025

Judgment text

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1 2025:CGHC:7672 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1171 of 2025 1 - Daulal Yadav S/o Bisauha Yadav Aged About 65 Years R/o Ward No. 3, Jamgaon, Raipur, District Raipur Chhattisgarh. 2 - Arbal Satnami S/o Dhirpal Satnami Aged About 66 Years R/o Ward No. 17, Shanti Nagar Abhanpur, Raipur, District Raipur Chhattisgarh. 3 - Premlal Sahu S/o Kaliram Sahu Aged About 68 Years R/o Ward No. 13, Biroda, Kolar, Raipur District Raipur Chhattisgarh. 4 - Jagat Dhimar S/o Sadaram Aged About 65 Years R/o Ward No. 11, Datrenga, Raipur, District Raipur Chhattisgarh. 5 - Sewak Ram Pal S/o Rameshar Pal Aged About 65 Years R/o Ward No. 3, Tokaro, Raipur, District Raipur Chhattisgarh. 6 - Ganesh Ram Sahu S/o Ram Ratan Sahu Aged About 66 Years R/o Tokaro, Raipur, District Raipur Chhattisgarh. 7 - Krishna Kumar Soni S/o Radheshyam Soni Aged About 65 Years R/o Abhanpur, Raipur, District Raipur Chhattisgarh. Digitally signed by RAGHVENDRA JAT 2 8 - Dujram Sahu S/o Samaru Ram Sahu Aged About 66 Years R/o Ward No. 7, Manik Chauri, Raipur, District Raipur Chhattisgarh. 9 - Narbada Prasad Satnami S/o Chaitu Aged About 68 Years R/o Tokaro, Raipur, District Raipur Chhattisgarh. 10 - Dwarika Prasad Patel S/o Suruj Ram Aged About 65 Years R/o Tokaro, Raipur, District Raipur Chhattisgarh. 11 - Kunjlal Sahu S/o Jhaduram Aged About 67 Years R/o Jamgaon, Raipur, District Raipur Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, General Administrative Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh. 2 - State Of Chhattisgarh Through The Secretary, Public Works Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh. 3 - State Of Chhattisgarh Through The Secretary, Finance Department, Mahanadi Bhawan, Mantralaya, Naya Raipur District Raipur Chhattisgarh. 4 - Executive Engineer Public Works Department, Division - 2 And 3, Raipur, District Raipur Chhattisgarh. ... Respondent(s) 3 For Petitioner(s) : Mr. Bharat Lal Dembra, Advocate. For Respondent(s)/ State : Mr. Ajit Singh, Government Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 13/02/2025 1. Heard on I.A. No. 01/2025, which is an application for exemption from typed/ legible copy of documents annexed to the petition. 2. On due consideration and for the reasons mentioned in the application, I.A. No. 01/2025 is allowed. 3. 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 appropriate writ directing the respondent authorities to extend the benefit of leave encashment/earned leave/surrender leave within stipulated time as this Hon'ble Court deems fit. 10.2 That, the Hon'ble Court may further be pleased to pass orders as per annexure P/2 as the case of the petitioners are similar and they are also entitled to get benefit of earned leave after completing more than 10 years of service. 10.3 This Hon'ble Court may further be pleased to grant any other relief which the Hon'ble Court deems fit 4 and proper as per the nature of the case. An affidavit in support of this writ petition is filed herewith.” 4. Learned counsel for the petitioners submits that petitioners are retired employees of the respondent department, who were working as work charged / Contingency Paid Employees in the Public Works Department. He further 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. 5. 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 the service to avail the benefit of leave encashment. 6. I have heard learned counsel for parties and perused the documents available in record. 7. 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 5 situated persons, as in the case of Faguvaram Patel (Supra), 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. 8. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat