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2025 DAILYLAW 8820 (CHH)

VINOD KUMAR TIWARI v. THE STATE OF CHHATTISGARH

WPS/1293/2025 · 2025-02-19

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:8532 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1293 of 2025 • Vinod Kumar Tiwari Retired Laboratory Assistant, (Work Charged), Public Health Engineering Division, Durg, Chhattisgarh, S/o R.K.Tiwari, Aged About 64 Years, R/o Lig 493, Padmanabhpur, Ward 46, District- Durg, Chhattisgarh- 491001 ... Petitioner(s) versus 1 - The State Of Chhattisgarh Through The Secretary, Public Health Engineering Department, Government Of Chhattisgarh, Mahanadi Bhavan, Mantralaya Mahanadi Bhavan, Naya Raipur, District- Raipur Chhattisgarh 492002. 2 - The Engineering In Chief Public Health Engineering Department, Indravati Bhavan, Nawa Raipur Atal Nagar, District- Raipur Chhattisgarh. Digitally signed by RAGHVENDRA JAT 2 3 - The Chief Engineer Public Health Engineering Department, Raipur Zone, District- Raipur Chhattisgarh. 4 - The Superintending Engineer Public Health Engineering Department, Circle- Durg Circle, District- Durg Chhattisgarh. 5 - The Executive Engineer Public Health Engineering Department, Division Durg, District- Durg, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Ashwin Panickar, Advocate. For Respondent(s)/ State : Mr. Ajit Singh, Government Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 19/02/2025 1. By way of this writ petition, the petitioner has prayed for following reliefs:- “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. 3 10.3. The Hon'ble Court may direct the Respondent No. 5 to dispose off in time bound manner the Representation dated 01.01.2025 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.” 2. Learned counsel for the petitioner submits that petitioner is retired employee of the respondent department, who was working as Laboratory Assistant (Work Charged) in the Public Health Engineering 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 petitioner is entitled for leave encashment. 3. 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 the service to avail the benefit of leave encashment. 4 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 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 his claim. In the event of filing of representation, on due verification, if the petitioner is found to be similarly situated person, 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