Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:8024
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1191 of 2025 Sohaga Bai Yadav W/o Late Shri Matavali Ram Yadav Aged About 64 Years R/o 33/34, Near Puja Beauty Parlor, Ward Number 40, Kelabadi, District Durg, Chhattisgarh. 491001
... Petitioner versus 1 - The State Of Chhattisgarh Through The Secretary, Public Health Engineering Department, Government Of Chhattisgarh, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh. 492002 2 - The Engineer In Chief Public Health Engineering Department, Indrawati Bhavan, Nawa Raipur, Atal Nagar, District Raipur, Chhattisgarh. 3 - The Chief Engineer Public Health Engineering Department, Raipur Zone, Chhattisgarh. 4 - The Superintending Engineer Public Health Engineering Department, Circle- Durg Circle, Chhattisgarh. 5 - The Executive Engineer Public Health Engineering Department, Division Durg, Chhattisgarh.
... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Ashwin Panickar, Advocate For State/Respondents : Ms. Shailja Shukla, Dy. G.A. Hon’ble Shri Amitendra Kishore Prasad, Judge
Order on Board 14.02.2025
1. Heard Mr. Ashwin Panickar, learned counsel for the petitioner and Ms. Shailja Shukla, learned Dy. G.A. appearing for the State/respondents.
2. By filing this writ petition, the petitioner has prayed for following relief(s):- YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.02.17 15:01:57 +0530
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“10.1 The Hon'ble Court may call for records from the respondents.
10.2. The Hon'ble Court may direct the Respondents to grant leave encashment and leave surrender to the Petitioner in light of the
judgment of the Hon'ble Court in WP(S) 3870 of
2021.
10.3. The Hon'ble Court may direct the Respondent No. 5 to dispose off in time bound manner the Representation dated 30.12.2024 of the Petitioner in light of the directions issued by this Hon'ble Court in WP(S) 3870 of 2021.
10.4. The Hon'ble Court may grant cost of petition to the Petitioner.
10.5. The Hon'ble Court may grant any other relief as this Hon'ble Court may deem fit and proper in the nature and circumstances of the present case in the interest of justice.”
3.
Learned counsel for the petitioner submits that husband of the petitioner is retired employee of the respondent department, who was worked as work charged employee. 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 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.
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5. I have heard learned counsel for parties and perused the documents available in record.
6. Be that as it may, without commenting anything on the merits, this writ 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 her claim. In the event of filing of representation, on due verification, if the petitioner is found to be similarly situated persons, as in the case of Faguvaram Patel (surpa), her 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 writ petition stands disposed of with aforesaid observations and directions.
Sd/-
(Amitendra Kishore Prasad)
Judge
Yogesh