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2025 DAILYLAW 8663 (CHH)

RAJU BAGHEL v. STATE OF CHHATTISGARH

WPS/1196/2025 · 2025-02-17

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:8128 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1196 of 2025 1 - Raju Baghel S/o Samaru Baghel Aged About 63 Years Retired Driver From Office Of Executive Engineer, Kharang Water Resources Division Bilaspur, R/o Village- Magarpara, Marimai, Bilaspur, Tahsil And District- Bilaspur (C.G.) 2 - Sanat Yadav S/o Hajari Lal Yadav Aged About 46 Years R/o Ambedkar Chowk, Nawagarh, Distt.- Janjgir-Champa (C.G.), Petitioner Is Legal Heirs Of Deceased Employee Bahartin Bai Yadav 3 - Smt. Jasanta Khakha W/o Bardan Beg Khakha Aged About 65 Years R/o Village- Nagara, Post Chandranagar, Tahsil- Ramanujganj, Distt.- Balrampur- Ramanujganj (C.G.), The Petitioner Is Legal Heirs Of Deceased Employee Bardan Beg Khakha, Who Was Working In Office Of Executive Engineer E/m Heavy Machinary Division Water Resources Department Bilaspur. 4 - Smt. Rambai W/o Late Vinod Kumar Aged About 55 Years R/o Village- Kotlipara, Baikunthpur, Distt. Koriya (C.G.), The Petitioner Is Legal Heirs Of Deceased Employee Late Vinod Kumar, Who Retired From Office Of Executive Engineer E/m Heavy Machinery Division Water Resources Department Bilaspur 5 - Smt. Ramrati Devi W/o Late Shikari Ram Aged About 70 Years R/o Village - Bhatthapara, Ambikapur, Distt.- Surguja (C.G.), The Petitioner Is Legal Heirs Of Deceased Employee Late Shikari Ram, Who Retired From Office Of Executive Engineer E/m Heavy Machinery Division Water Resources Department Bilaspur 6 - Bishali Rao Gayakwad S/o Late Baldev Rao Aged About 64 Years VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 R/o Village- Gokulnagar, Ghuru Sakri, Distt. Bilaspur (C.G.) Retired From Office Of Executive Engineer E/m Minimata Bango Division Machadoli, Katghora, Distt.- Korba (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 Nagar, Nava Raipur, District- Raipur (C.G.) 3 - Chief Engineer Hasdeo Kachhar, Water Resources Department, Bilaspur, District- Bilaspur (C.G.) 4 - Executive Engineer Kharang Water Resources Division Bilaspur, District- Bilaspur (C.G.) 5 - Executive Engineer Hasdeo Canal Water Management Division Janjgir, District- Janjgir-Champa (C.G.) 6 - Executive Engineer (E/m) Heavy Machinery Division, Water Resources Department, Bilaspur, District- Bilaspur (C.G.) 7 - Executive Engineer (E/m) Minimata Bango Division Machadoli, Katghora, District- Korba (C.G.) ... Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioners :- Mr. Hemant Kesharwani, Advocate For State :- Mr. Rishabh Bisen, P.L. ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 17.02.2025 1. By way of this writ petition, the petitioners have prayed for following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to issue the direction for the respondent authorities to grant the benefit of leave encashment.” 3 2. Learned counsel for the petitioner submits that petitioners are retired employee of the respondent department, who were working as work charge employee 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 petitioner has 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), his claim shall be decided by the respondents in light of judgment of Faguvaram Patel (Supra) expeditiously preferably within the 4 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