Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:8133
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1242 of 2025 1 - Ramadhar Tiwari S/o Shankar Lal Tiwari Aged About 72 Years R/o Albeda Para Forest Colony Kondagaon Distt- Kondagaon ( C.G. ). ... Petitioner versus 1 - State Of Chhattisgarh The Secretary, Public Works Department, Mahanadi Bhawan Mantralaya, New Raipur, Atal Nagar District- Raipur (
C.G.
). 2 - The Engineer In Chief Public Works Department District- Raipur (
C.G.
). 3 - The Chief Engineer National Highway Division Distt- Raipur ( C.G. ). 4 - The Superintendent Enginner National Highway Division District- Raipur/
Bastar
(
C.G.
). 5 - The Executive Engineer National Highway Division Jagdalpur Distt- Bastar
(
C.G.
). 6 - The Sub Divisional Officer National Highway Division Jagdalpur Distt-
Bastar
(
C.G.
). 7 - Senior Treasurer Officer Jagdalpur Distt- Bastar ( C.G. ). 8 - Distt Treasurer Officer Kondagaon Distt- Kondagaon ( C.G. ). ... Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioner :- Mr. Vikash A. Shrivastava, Advocate For State :- Mr. Soumitra Kesharwani, P.L. ------------------------------------------------------------------------------------------------ VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR
2 SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 17.02.2025
1. By way of this writ petition, the petitioner has prayed for following reliefs:-
“10.1 To issue an appropriate writ or order to direct the respondent's authority to grant the benefits of leave encashment in favour of the petitioner 10.2 Any other relief deemed fit in the facts and circumstances including award of cost of the petition may also be granted.”
2. Learned counsel for the petitioner submits that petitioner is retired employee of the respondent department, who was working as work charge employee in the Respondent 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 petitioner was 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. 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
3 petition is disposed off 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 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 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