Chattisgarh High Court
Ashwani Kumar Gond vs State Of Chhattisgarh on 6 February, 2025
1
2025:CGHC:6827
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 1071 of 2025
1 - Ashwani Kumar Gond S/o Lateshri Malechhram Gond Aged About 63 Years R/o
Ward No. 03 Majhod Para Parsahi Nala Tahsil Akaltara District - Janjgir - Champa
(C.G.)
2 - Smt. Sharan Bai Rathiya Wd/ Roop Singh Rathiya Aged About 66 Years R/o
Ward No. 08 Darrabhatha Tundari District - Sakti (C.G.)
3 - Punau Ram Yadav S/o Sajuram Yadav Aged About 63 Years R/o House No. 420
Ward No. 17 Gond Para Village Kurda Champa District - Janjgir - Champa (C.G.)
4 - Balbhadra Prasad Rathore S/o Jhagaru Ram Rathore Aged About 63 Years R/o
Ward No. No. 01 Village Khokhra Putpura Road Tahsil Janjgir District - Janjgir -
Champa (C.G.)
5 - Smt. Mana Bai Sahu D/o Jhadu Ram Sahu Aged About 74 Years R/o Ward No.
03 Village Barduli Tahsil Jaijaipur District - Sakti (C.G.)
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through The Secretary Department Of Public Works
Department Mantralaya Atal Nagar Naya Raipur District - Raipur (C.G.)
2 - Superintending Engineer Public Works Department Bilaspur Circle Bilaspur
(C.G.)
3 - Executive Engineer Pwd Champa Division District - Janjgir Champa (C.G.)
4 - Joint Director Treasury Account And Pension District - Janjgir - Champa (C.G.)
... Respondent(s)
(Cause-title taken from Case Information System)
For Petitioner(s) : Mr. Atul Kumar Kesharwani, Advocate
For State/Respondent(s) : Ms. Nupur Trivedi, Panel Lawyer
Hon'ble Shri Justice Amitendra Kishore Prasad
SHAYNA
Order on Board
KADRI
Digitally
signed by
SHAYNA
KADRI
06/02/2025
1. Heard Mr. Atul Kesharwani, learned counsel petitioners as well as
Ms. Nupur Trivedi, learned Panel Lawyer for State/respondents.
2. By way of this writ petition, the petitioners have prayed for
following reliefs:
"10.1. The Hon'ble Court may kindly be pleased
direct the respondent authorities to grant benefit
of leave encashment to the petitioners in
accordance with the Rule 1977 with all
consequential benefit within stipulated time.
10.2. The Hon'ble Court may kindly be pleased
to direct the respondents to consider and decide
the representation for grant of leave encashment
to the petitioners in accordance with law.
10.3. This Hon'ble Court may kindly be pleased
to grant any other writ/writs, order orders,
relief/reliefs in favour of the Petitioners, which the
Hon'ble Court may deem fit and just in the facts
and circumstances of the case, including award
of the costs to the Petitioners."
3. Learned counsel for the petitioners submits that the respective
petitioners were initially appointed on temporary basis on the post
of Unskilled Labour in the Public Works Department. Petitioners
were discharging their duty up to the satisfaction of their superior
authorities without any complaint and subsequently they have
become permanent employees and have retired from their
services. During their service, the Petitioners have performed their
duties and obligations bestowed upon them with utmost sincerity
and to the best of their 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 petitioners are 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 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
petition is disposed of 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 claims
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
Shayna
