Chattisgarh High Court
Atma Ram vs State Of Chhattisgarh on 7 February, 2025
1
2025:CGHC:7104
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 1084 of 2025
1 - Atma Ram S/o Shri Sada Ram Meshram Aged About 62 Years R/o Sadaram 96
Ward No. 14, Chhuikhadan Rajnandgaon District - Rajnandgoan (C.G.)
... Petitioner
Versus
1 - State Of Chhattisgarh Through The Secreatry Department Mahanadi Bhawan
Mantralaya Atal Nagar New Raipur District - Raipur (C.G.)
2 - The Executive Engineer Water Resources Department Durg Division District -
Durg (C.G.)
3 - The Joint Director Treasury Account And Pension Durg Division District - Durg
(C.G.)
... Respondents
For Petitioner : Mr. Rustam Sahu, Advocate
For Respondents : Mr. Kanwaljeet Singh Saini, Panel Lawyer
SB: Hon'ble Shri Justice Amitendra Kishore Prasad
Order on Board
07/02/2025
1. Heard on I.A. No. 01/2025 which is an application for exemption
from filing typed copy and relevant documents.
2. Learned counsel for the petitioner submits that he is not pressing
this application at this stage, as he has filed the concerned
documents as prayed for in the application.
3. In view of the submissions made by the learned counsel for the
SHUBHAM
DEY
petitioner, I.A. No. 01/2025 is disposed of.
4. Heard Mr. Rustam Sahu, learned counsel for the petitioner as well
as Mr. Kanwaljeet Singh Saini, learned Panel Lawyer for
State/Respondents.
5. By way of this writ petition, the petitioners have prayed for
following reliefs:
"10.1. That, the 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 order dated 30.09.2022 and 25.01.2024
passed by the Hon'ble Court in identical case
bearing W.P. (S) No. 3870/2021 and 440/2024 in
favour of the petitioners with interest from the
date of entitlement to its actual payment.
10.2. That, any other relief, which may be
deemed fit by this Hon'ble Court just and proper
in the facts and circumstances of the case may
also be provided in favour of the petitioners."
6. Learned counsel for the petitioner submits that the petitioner was
initially appointed on temporary basis on the post of Unskilled
Labour in the Water Resources Department. Petitioner was
discharging his duty up to the satisfaction of his superior
authorities without any complaint and subsequently, he became
permanent employee and have retired from his services. 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.
7. 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.
8. I have heard learned counsel for parties and perused the
documents available in record.
9. 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 their claim. In the event of filing of representation, on
due verification, if the petitioner is found to be similarly situated
person, 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.
10. Accordingly, this petition stands disposed of with aforesaid
observations and directions.
Sd/-
(Amitendra Kishore Prasad)
Judge
Dey
