Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:7242
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1136 of 2025 1 - Somnath Verma S/o Laluram Verma Aged About 64 Years R/o Village Bakmuda, Post Lawan, Tahsil Balodabazar, District Balodabazar-Bhatapara
(C.G.). 2 - Saroj Nishad D/o Late Babulal Nishad Aged About 41 Years R/o Ward No. 8, Palari, Tahsil Palari, District Balodabazar-Bhatapara (C.G.). 3 - Sukriya Dhritlhare W/o Late Jageshwar Dhritlahre, Aged About 62 Years R/o Village And Post Balaudi, Tahsil Palari, District Balodabazar- Bhatapara
(C.G.). 4 - Smt. Krishna Bai W/o Late Santuram Dhruw, Aged About 50 Years R/o Village And Post Pangaon, Tahsil Balodabazar, District Balodabazar-Bhatapara
(C.G.). 5 - Chhedilal S/o Jhangal Satnami Aged About 68 Years R/o Village Khaira, Post Datan, Tahsil Balodabazar, District Balodabazar-Bhatapara (C.G.). 6 - Shyamlal Satnami S/o Jahwal Aged About 69 Years R/o Village And Post Baludi, Tahsil Palari, District Balodabazar-Bhatapara (C.G.). Digitally signed by RAGHVENDRA JAT
2 7 - Hema Bai W/o Late Kartikram Verma Aged About 69 Years R/o Village Odan, Post Palari, Tahsil Palari, District Balodabazar-Bhatapara (C.G.). 8 - Jayanti Bai Tandi W/o Banshi Lal Tandi, Aged About 69 Years R/o House No. I 49, Irrigation Colony, Shantinagar, Raipur, District Raipur (C.G.). ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Water Resource, Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur, District Raipur (C.G.). 2 - The Joint Director, Treasury Accounts And Pension, Raipur, District Raipur (C.G.). 3 - Engineer In Chief, Water Resources Department, Nava Raipur, District Raipur (C.G.). 4 - Chief Engineer, Mahanadi Pariyojna, Water Resources Department Raipur, District - Raipur (C.G.). 5 - Executive Engineer, Water Resources Department Division No. 01, Raipur District Raipur, Chhattisgarh. 6 - Executive Engineer, Water Resource Department Division No. 02, Balodabazar, District Balodabazar-Bhatapara Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. K. P. Sahu, Advocate. For Respondent(s)/State : Mr. Kanwaljeet Singh Saini, Panel Lawyer. 3 Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 10/02/2025
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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 the petitioners No. 1, 5, 6, & 8 and father of petitioner No. 2 and husband of petitioners No. 3, 4, & 7 are retired employees of the respondent department, and were working in the Water Resources 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. 4
3. Learned State counsel submits that sufficient documents has not been filed by the petitioners and it is also not reflected as to whether the petitioners No. 1, 5, 6, & 8 and father of petitioner No. 2 and husband of petitioners No. 3, 4, & 7 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 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 (Supra), 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. 6. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat