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2025 DAILYLAW 9349 (CHH)

BABU LAL SON v. STATE OF CHHATTISGARH

WPS/1325/2025 · 2025-02-20

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:8989 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1325 of 2025 Babu Lal Son S/o Botrri Ram Son Aged About 62 Years R/o Ghoghri Road Dabhra Nagar Panchayat Dabhra Janjgir - Champa District - Janjgir - Champa (C.G.) ... Petitioner versus 1 - State of Chhattisgarh Through Secretary Department of Public Heath Engineering (P.H.E) Mahanadi Bhawan Nava Raipur District - Raipur (C.G.) 2 - Engineer In Chief Department Of Public Heath Engineering (P.H.E) Atal Nagar Sector 19, Nava Raipur (C.G.) 3 - Chief Engineer Public Heath Engineering (P.H.E) Zone Bilaspur District - Bilaspur (C.G.) 4 - Superintendent Engineer Public Heath Engineering (P.H.E) Bilaspur Circle Bilaspur District - Shakti (C.G.) 5 - Executive Engineer Public Heath Engineering (P.H.E) Division Shakti District - Shakti (C.G.) 6 - Divisional Joint Director Treasury Account And Pensions Bilaspur Division Bilaspur District - Bilaspur (C.G.) 7 - Treasury Officer District - Treasury Shakti District - Shakti (C.G.) ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Akash Shrivastava, Advocate For Respondents/State : Mr. Saumitra Kesharwani, P.L. YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.02.25 18:07:41 +0530 2 Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 20.02.2025 1 Heard Mr. Akash Shrivastava, learned counsel for the petitioner and Mr. Saumitra Kesharwani, learned P.L., appearing for the State/respondents. 2 By filing this writ petition, the petitioner has prayed for following relief(s):- “1. Issue an appropriate writ/order/direction to the Respondent authorities in accordance with the order dated 30.09.2024 passed in WPS No.3870/2021, titled as Faguvaram Patel & Ors. Vs. State of Chhattisgarh & Ors. and thereby the Petitioners be granted the leave encashment in the interest of justice, and/or 2. Costs of the petition. 3. Any other relief as deemed fit by this Hon’ble Court.” 3 Learned counsel for the petitioner submits that petitioner is the retired employee, who was worked under the respondent 3 department as Work-charged/Contingency Paid employee and his services has been later regularized under the respondent authorities. 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 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 4 representation. 7 Accordingly, this writ petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Yogesh