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2025 DAILYLAW 8787 (CHH)

DEV SINGH GOND v. STATE OF CHHATTISGARH

WPS/1208/2025 · 2025-02-14

Shri Amitendra Kishore Prasad

body2025

Judgment text

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1 2025:CGHC:8028 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1208 of 2025 Dev Singh Gond S/o Shri Puran Singh Gond Aged About 63 Years Retired Helper At Executive Engineer, Water Resource Division Janjgir, District Janjgir-Champa, Chhattisgarh. R/o Village Dumarmuda (Navapara), Tahsil Katghora, District Korba, Chhattisgarh. ... Petitioner versus 1 - State of Chhattisgarh Through Secretary, Department of Water Resource Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh. 2 - Engineer in Chief Water Resources Department, Sihawa Bhawan, New Raipur, District Raipur, Chhattisgarh. 3 - Chief Engineer Hasdeo Kachhar, Water Resource Department, Bilaspur, District Bilaspur, Chhattisgarh. 4 - Executive Engineer Water Resource Division Janjgir, District : Janjgir- Champa, Chhattisgarh 5 - Joint Director Treasury, Account And Pension, Bilaspur, District Bilaspur, Chhattisgarh. ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Prabhu Lal, Advocate For State/Respondents : Ms. Nupur Trivedi, P.L. Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 14.02.2025 1. Heard Mr. Prabhu Lal, learned counsel for the petitioner and Ms. Nupur Trivedi, learned Panel Lawyer, 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 2 “10.1 That this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner. 10.2 That this Hon’ble Court may kindly be pleased to direct the respondents authorities to give benefit of leave encashment within stipulated time to the petitioner with interest, in the interest of justice. 10.3 That, any other relief which the Hon’ble Court may deemed fit and proper also be granted to the petitioner, in the interest of justice.” 3. Learned counsel for the petitioner submits that 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. 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 3 within the period of ‘30 days’ from the date of receipt of copy of this order with all necessary documents to substantiate his 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), 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. 7. Accordingly, this writ petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Yogesh