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2025 DAILYLAW 8237 (CHH)

BANDHULAL SAHU v. STATE OF CHHATTISGARH

WPS/1115/2025 · 2025-02-10

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:7233 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1115 of 2025 1 - Bandhulal Sahu S/o Jugut Ram Sahu Aged About 64 Years R/o Village Kodawa Post Sasaha Tahsil Palari District - Balodabazar Bhatapara (C.G.) 2 - Dukhwa Ram Sahu S/o Jhaduram Aged About 69 Years R/o Village Karda Post Marda Tahsil Lawan District - Balodabazar Bhatapara (C.G.) 3 - Ganpat Lal S/o Tularam Sahu Aged About 63 Years R/o House No. 145 Jhumka Post Pendravan Tahsil Bilaigarh District - Balodabazar - Bhatapara Now Sarangarh - Bilaigarh (C.G.) 4 - Smt. Bimla Bai W/o Late Piyaram Som Aged About 53 Years R/o Gariyaband Post And Tahsil Gariyaband District - Gariyaband (C.G.) 5 - Deepak Kumar S/o Late Gopi Gond Aged About 37 Years R/o House No. 1283, Sanjaypara Nagar Bhairamgarh Post And Tahsil Bhairamgarh District - Beejapur (C.G.) 6 - Smt. Lalita Sahu W/o Late Shankar Lal Sahu Aged About 54 Years R/o Pahadi Lodhipara Near Chakradhari Rikshaw Garage Gudhiyari Raipur District - Raipur (C.G.) ... Petitioners versus 1 - State Of Chhattisgarh Through Secretary Department Of Water Resources Mahanadi Bhawan Mantralaya Atal Nagar New Raipur District - Raipur (C.G.) 2 - The Joint Director Treasury Account And Pension Raipur District - Raipur (C.G.) 3 - Engineer In Chief Water Resoures Department Nava Raipur District - Raipur (C.G.) 4 - Chief Engineer Mahanadi Godawari Kachhar Water Resources Department Raipur District - Raipur (C.G.) 5 - Executive Engineer Water Resources Department Division Kasdol District VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 - Balodabazar Bhatapara (C.G.) 6 - Executive Engineer Electrical Light Machinery Nal And Gate Division Raipur District - Raipur (C.G.) ... Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioners :- Mr. K.P. Sahu, Advocate For State :- Mr. Vivek Sharma, Addl. A.G. ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 10.02.2025 1. By way of this writ petition, the petitioners have prayed for following reliefs:- “(i) That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, thereby directing the respondent authorities to grant the 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 petitioners, with interest from the date of entitlement to its actual payment, in the interest of justice. (ii) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.” 2. Learned counsel for the petitioners submits that petitioners are retired employees of the respondent department, who were working as class- IV employees in the Water Resources 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 were entitled for leave encashment. 3 3. 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. 4. I have heard learned counsel for parties and perused the documents available in record. 5. Be that as it may, without commenting anything on the merits, this petition is disposed off 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 (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. 6. Accordingly, this petition stands disposed off with aforesaid observations and directions. sd/- (Amitendra Kishore Prasad) Judge Vishakha