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2025 DAILYLAW 8341 (CHH)

KRISHNA PRASAD GUPTA v. STATE OF CHHATTISGARH

WPS/1122/2025 · 2025-02-10

Shri Amitendra Kishore Prasad

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:7239 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1122 of 2025 1 - Krishna Prasad Gupta S/o Ram Naresh Aged About 67 Years Retired Time Keeper From Office Of Executive Engineer Water Resources Division No. 2 Ramanujganj R/o Village Jarhadih Tahsil Balrampur District - Balrampur - Ramanujganj (C.G.) 2 - Vishwanath Ram S/o Kamariya Aged About 70 Years Retired Choukidar From Office Of Executive Engineer Water Resources Division No. 2 Ramanujganj R/o Village Berdih Tahsil Balrampur District - Balrampur - Ramanujganj (C.G.) 3 - Sanktha Prasad Kushwaha S/o Ramkishore Kushwaha Aged About 63 Years Retired Time Keeper From Office Of Executive Engineer Water Resources Division Ramanujganj R/o Village Bodhanpur Tahsil Ambikapur District - Surguja (C.G.) 4 - Afzal Ali S/o Akbar Ali Aged About 63 Years Retired Time Keeper From Office Of Executive Engineer Water Resources Division Balrampur R/o Ward No. 39 Ambikapur Tahsil Ambikapur District - Surguja (C.G.) 5 - Ramcharan Yadav S/o Ramnath Yadav Aged About 66 Years Retired Time Keeper From Office Of Executive Engineer Water Resources Division Balrampur R/o Village Manik Prakashpur Ambikapur Tahsil Ambikapur District - Surguja (C.G.) 6 - Kapildev Rajwade S/o Raghunath Rajwade Aged About 65 Years Retired Choukidar From Office Of Executive Engineer Thormal Power Project Division Ambikapur R/o Village Chitabahar Ambikapur District VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 Surguja (C.G.) 7 - Rajaram S/o Besahu Aged About 70 Years Retired Choukidar From Office Of Executive Engineer Water Resources Division Balrampur R/o Village Badouli Tahsil Rajpur District - Balrampur - Ramanujganj (C.G.) 8 - Mohar Sai S/o Kabir Sandil Aged About 73 Years Retired Choukidar From Office Of Executive Engineer Water Resources Division Balrampur R/o Village Akhorakhurd Post Kakna District - Balrampur - Ramanujganj (C.G.) ... Petitioners versus 1 - State Of Chhattisgarh Through The Secretary Water Resources Department Mahanadi Bhawan Mantralaya Atal Nagar Nava Raipur District - Raipur (C.G.) 2 - Engineer In Chief Water Resources Department Shivnath Mandal North Block Sector 19 Atal Nava Raipur District - Raipur (C.G.) 3 - Chief Engineer Hasdeo Ganga Kachhar Water Resources Department Ambikapur District - Surguja (C.G.) 4 - Executive Engineer Water Resources Department Manendragarh District Manendragarh - Chirimiri (C.G.) 5 - Executive Engineer Water Resources Division 2 Ramanujganj District - Balrampur - Ramanujganj (C.G.) 6 - Executive Engineer Water Resources Division Balrampur District - Balrampur - Ramanujganj (C.G.) ... Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioners :- Mr. Hemant Kesharwani, Advocate For State :- Mr. Soumitra Kesharwani, P.L. ------------------------------------------------------------------------------------------------ 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:- 3 “(i) That, this Hon'ble Court may kindly be pleased to issue the direction for the respondent authorities to grant the benefit of leave encashment.” 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. 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 4 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