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2026 DAILYLAW 21047 (CHH)

REKHA TRIVEDI v. STATE OF CHHATTISGARH

WPS/4477/2026 · 2026-06-03

Shri Amitendra Kishore Prasad

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Judgment text

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1 2026:CGHC:23584 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4477 of 2026 1 - Rekha Trivedi Wd/o. Late Shri Prem Shankar Trivedi Aged About 50 Years R/o Ward No. 17, Jagannath Puram, Shakti, District - Shakti, Chhattisgarh. 2 - Raj Kumar Chandra @ R.K. Chandra S/o Shri Pitamber Singh Chandra Aged About 62 Years R/o Ward No. 3, Bich Basti, Post - Kansa, District - Janjgir-Champa, Chhattisgarh. 3 - Van Kumar Jaiswal S/o Shri Bachcha Ram Jaiswal Aged About 62 Years R/o House No. 06, Ward No. 04, Gondpara, Tahsil - Markharoda, District - Janjgir-Champa, Chhattisgarh. 4 - Hariyar Bai Mahant Wd/o Late Shri Bahadur Das Manikpuri Aged About 62 Years R/o Nandeli Sonthi, Shakti, District - Shakti, Chhattisgarh. ... Petitioners versus 1 - State Of Chhattisgarh Through Secretary, Department Of Public Health, Engineering ( P.H.E.), Mahanadi Bhawan, Nava Raipur, District - Raipur, Chhattisgarh. 2 - Engineer - In -Chief Department Of Public Health Engineering ( P.H.E.), Atal Nagar, Sector 19, Nawa Raipur, Chhattisgarh. 3 - Chief Engineer Public Health Engineering ( P.H.E.), Zone- Bilaspur, District - Bilaspur, Chhattisgarh. 4 - Superintendent Engineer Public Health Engineering ( P.H.E.), Bilaspur, Circle-Bilaspur, District - Bilaspur, Chhattisgarh. 5 - Executive Engineer Public Health Engineering ( P.H.E.), Division- Shakti, District - Shakti, Chhattisgarh. 6 - Divisional Joint Director Treasury Accounts And Pensions Bilaspur Division, Bilaspur, District - Bilaspur, Chhattisgarh. CHANDRAKANT DEWANGAN Digitally signed by CHANDRAKANT DEWANGAN Date: 2026.06.05 15:33:53 +0530 2 7 - Treasury Officer District Treasury Shakti, District - Shakti, Chhattisgarh. ... Respondents For Petitioners : Mr. Akash Shrivastava, Advocate. For State/Respondents : Ms. Shailja Shukla, Govt. Advocate. SB: Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 04.06.2026 1. By way of this writ petition, the petitioners have prayed for following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to issue similar direction for grant of leave encashment in accordance with the order dated 30.09.2022 passed in WPS 3870/2021 titled as Faguvaram Patel & Ors. vs. State of Chhattisgarh & Ors. within stipulated time, in the interest of justice.” 2. Learned counsel for the petitioners submits that the husbands of petitioner No.1 and 4 and petitioner No. 2 and 3 were working as work-charged employees under the State Government in the Public Health Engineering Department, Division-Sakti, District Sakti. 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 by the co-ordinate Bench of this Court on 30.09.2022, the petitioners were entitled for leave encashment. 3. Learned State counsel submits that sufficient documents have not been filed by the petitioners and it is also not reflected as to whether 3 the petitioners have 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 petition is disposed off giving liberty to the petitioners 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 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 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. 7. In view of above, pending applications, if any, also stand disposed of. Sd/- (Amitendra Kishore Prasad) Judge Chandrakant