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2026 DAILYLAW 36286 (CHH)

SHRIMATI SURJA BAI DEHARIYA v. THE STATE OF CHHATTISGARH

WPS/6813/2026 · 2026-09-17

Shri Bibhu Datta Guru

body2026

Judgment text

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1 CGHC010363522026 2026:CGHC:40791 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6813 of 2026 1 - Shrimati Surja Bai Dehariya W/o Late Dharam Das Dehariya Aged About 60 Years R/o 73, Gurugavind Singh Mangal, Kawardha, District Kabirdham Chhattisgarh 491995 ... Petitioner 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 Engineer In Chief Public Health Engineering Department, Indravati Bhavan, Nawa Raipur Atal Nagar, District Raipur Chhattisgarh 3 - The Chief Engineer Public Health Engineering Department, Raipur Zone, Chhattisgarh 4 - The Superintending Engineer Public Health Engineering Department, Circle-Durg Circle, Chhattisgarh 5 - The Executive Engineer Public Health Engineering Department, Division Kabirdham, District Kabirdham Chhattisgarh ... Respondents For Petitioner : Mr. Pratik Modi, Advocate. For Respondents/State : Mr. Apurva Nigam, Panel Lawyer Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 18/09/2026 AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2026.09.21 11:52:41 +0530 2 1. By the present writ petition, the petitioner is questioning the order of rejection of his representation dated 31/07/2026 regarding grant of leave encashment passed by the Executive Engineer, P.H.E, Division Kabirdham. 2. Learned counsel for the petitioner submits that the case of the petitioner is squarely covered by the order dated 30.09.2022 passed in WPS No. 3870/2021 (Faguvaram Patel & Others Vs. State of C.G. & Others) and other connected matters. However, ignoring the same, the authority has rejected the representation submitted by the petitioner. Learned counsel further submits that the present petition may be decided in terms of the order passed in WPS No. 3870/2021. 3. Learned State counsel fairly submits that the case of the petitioner is squarely covered by WPS No. 3870/2021 (Faguvaram Patel & Others Vs. State of C.G. & Others) and other connected matters. However, the impugned order Annexure P-2 dated 31/07/2026 has been passed without considering the same and, therefore, the respondents may be permitted to pass a fresh order in the light of WPS No. 3870/2021 and other connected matters. 4. I have heard learned counsel for the partied, perused the pleadings and documents 5. It is not in dispute that the case of the petitioner is squarely covered by the order passed by this Court in WPS No. 3 3870/2021 (Faguvaram Patel & Others Vs. State of C.G. & Others) and other connected matters and the impugned order Annexure P-2 has been passed without considering the same. 6. In view of the submissions made by learned counsel for parties, the present writ petition is allowed. The respondents are directed to consider the representation/claim of the petitioner afresh and pass a reasoned order in the light of the order passed in WPS No. 3870/2021 and other connected matters, within a period of 30 days from the date of receipt of a copy of this order. SD/- (Bibhu Datta Guru) Judge Amardeep