1 2025:CGHC:8033 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1219 of 2025 1 - Gayaram S/o Bahur Ram Aged About 67 Years R/o Village Karkara, Post Office Ranipartewa, Tahsil Chhura District Gariyaband, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Public Work Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur, District Raipur, Chhattisgarh. 2 - Director, Directorate Of Public Work Department, Raipur, District Raipur, Chhattisgarh. 3 - The Divisional Joint Director Treasury, Accounts And Pension, Raipur, District Raipur, Chhattisgarh. 4 - Sub Divisional Officer Public Work Department Division Gariyaband, District Gariyaband, Chhattisgarh. ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Mr. K. P. Sahu, Advocate For State/Respondent(s) : Ms. Akanksha Verma, Panel Lawyer Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 14/02/2025 1. Heard Mr. K. P. Sahu, learned counsel petitioners as well as Ms. Akanksha Verma, Panel Lawyer for State / respondents. 2. By way of this writ petition, the petitioner has prayed for following reliefs: “10.1 That this Hon'ble Court may kindly be pleased to issue an appropriate writ, thereby directing the respondent authorities to grant the Digitally signed by SHAYNA KADRI 2 benefits of leave encashment of 120 days as per the order dated 08.08.2024 passed by the Hon’ble Court in identical case bearing Writ Petition (S.) No. 4615/2024, in favour of the petitioner, with interest from the date of entitlement to its actual payment, in the interest of justice. 10.2 Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.” 3. Learned counsel for the petitioner submits that the petitioner was initially appointed as a Daily Wager with the respondent department and subsequently service of the petitioner was regularized. Petitioner after permanent status had retired after attaining the age of superannuation. 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. 3 6. 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 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