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2025 DAILYLAW 9779 (CHH)

KEDAR SAHU v. STATE OF CHHATTISGARH

WPS/1337/2025 · 2025-02-20

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:8994 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1337 of 2025 1 - Kedar Sahu S/o Itwari Sahu Aged About 71 Years R/o Paras Nagar, Kasdol, District- Balodabazar- Bhatapara (C.G.) 2 - Smt. Kachra Bai W/o Nohar Sahu Aged About 67 Years R/o Paras Nagar, Kasdol, District- Balodabazar- Bhatapara (C.G.) 3 - Dashmat Bai Sahu W/o Bhagat Ram Sahu Aged About 72 Years R/o Kasdol Nagar, Kasdol, District- Balodabazar- Bhatapara (C.G.) 4 - Shakuntala Sahu W/o Late Ramvilas Sahu Aged About 63 Years R/o Ward No. 2 Khaira Jhabdi, Kasdol, District- Balodabazar- Bhatapara (C.G.) ... Petitioners versus 1 - State Of Chhattisgarh Through The Secretary, Public Works Department, Mantralaya, Atal Nagar, New Raipur, District- Raipur (C.G.) 2 - The Superintending Engineer, Public Works Department, Division No. 2, Raipur, District- Raipur (C.G.) 3 - The Executive Engineer, Public Works Department, Balodabazar Division, District- Balodabazar- Bhatapara (C.G.) 4 - The Divisional Joint Director, Treasury, Accounts And Pension, Raipur, District Raipur C.G. ... Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. K.P. Sahu, Advocate For Respondents/State : Mr. Kanwaljeet Singh Saini, P.L. YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.02.25 18:07:40 +0530 2 Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 20.02.2025 1. Heard Mr. K.P. Sahu, learned counsel for the petitioners and Mr. Kanwaljeet Singh Saini, P.L., appearing for the State/respondents. 2. By filing this writ petition, the petitioners have prayed for following relief(s):- “10.1 That this Hon’ble Court may kindly be pleased to issue an appropriate writ, thereby directing the respondent authorities to grant the benefits of leave encashment of 120 days as per the orders dated 08.08.2024 passed by the Hon’ble Court in identical case bearing Writ Petition (S) No.4615/2021 in favour of petitioners, with interest from the date of entitlement to its actual payment. 10.2 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.” 3. Learned counsel for the petitioners submits that petitioners No.1 3 and 3 are the original retired employees and petitioners No.2 and 4 are wives of the retired employee, who were worked under the respondent department as Work-charged/Contingency Paid employees and whose services have 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 petitioners are entitled for leave encashment. 4. Learned State counsel submits that sufficient documents have not been filed by the petitioners and it is also not reflected as to whether the petitioners have 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 petitioners to make detailed representations 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 their claim. In the event of filing of representation, on due verification, if the petitioners are found to be similarly situated persons, as in the case of Faguvaram Patel (surpa), their claim shall be decided by the respondents in light of judgment of 4 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