Chattisgarh High Court
Shanti Prasad Jaiswal vs State Of Chhattisgarh on 3 February, 2025
1
2025:CGHC:5988
NAFR
Digitally
HIGH COURT OF CHHATTISGARH AT BILASPUR
signed by
RAVI
RAVI SHANKAR
SHANKAR MANDAVI
MANDAVI Date:
2025.02.05
15:15:03
+0530
WPS No. 946 of 2025
1 - Shanti Prasad Jaiswal S/o Darasram Jaiswal Aged About 70 Years
R/o Irrigation Colony, Rampur / Korba, District Korba (C.G.).
... Petitioner
versus
1 - State Of Chhattisgarh Through The Secretary, Department Of Water
Resource, Maanadi Bhawan, Naya Raipur, District Raipur (C.G.).
2 - The Secretary, Department Of General Administration, Mahanadi
Bhawan, Naya Raipur, Distt. Raipur (C.G.).
3 - The Secretary, Department Of Finance, Mahanadi Bhawan, Naya
Raipur, Distt. - Raipur (C.G.).
4 - Engineer-In-Chief, Water Resource Department, Shivnath Bhawan,
Sector - 19, Naya Raipur, District - Raipur (C.G.).
5 - Chief Engineer, Hasdeo Kachhar, Water Resource Department,
Bilaspur Distt - Bilaspur (C.G.).
6 - Superintendent Engineer, Water Resource Circle, Bilaspur Distt -
Bilaspur (C.G.).
7 - Executive Engineer, Water Resource Division, Korba Distt. - Korba
(C.G.).
... Respondent(s)
(Cause-title taken from Case Information System)
For Petitioner : Ms. Akansha Singh, Advocate
For State/Respondent(s) : Mr. S. Badgaiya, Dy. GA
Hon'ble Shri Justice Amitendra Kishore Prasad
Order on Board
03/02/2025
1. Heard Ms. Akansha Singh, learned counsel petitioner as well as
Mr. S. Badgaiya, learned Dy. Government Advocate for
State/respondents.
2. By way of this writ petition, the petitioner has prayed for following
reliefs:
"10.1 That, this Hon'ble Court may kindly be pleased
to issue an appropriate writ by directing the
respondent authorities to consider the case of the
petitioner for grant of leave encashment and
appropriate orders be passed for releasing of leave
encashment alongwith interest within two months from
the date of order, in the interest of justice.
10.2 Any other relief which this Hon'ble Court may
deem fit and proper in favour of the petitioner may
kindly be passed.
10.3 Cost of the petition may be awarded."
3. Learned counsel for the petitioner submits that the petitioner was
working on the post of Patra Vahak in the office of respondents as
Work Charged and Contingency Employee and stood retired on
31.03.2017. The petitioner has been receiving pension. The
petitioner is also entitled for the Leave Encashment. The
respondent authorities have started paying pension to the
petitioner and in addition to this, the petitioner is also entitled for
grant of Leave Encashment but till date benefit of leave
encashment has not been extended to the petitioners. During his
service, the petitioner has performed his duties and obligations
bestowed upon him with utmost sincerity and to the best of his
capabilities with an unblemished service record. 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
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 representation.
7. Accordingly, this petition stands disposed of with aforesaid
observations and directions.
Sd/-
(Amitendra Kishore Prasad)
Judge
Ravi Mandavi
