Chattisgarh High Court
Sadhu Ram vs State Of Chhattisgarh on 12 February, 2025
1
Digitally
signed by
RAVI
SHANKAR
2025:CGHC:7437
RAVI
SHANKAR MANDAVI
MANDAVI Date:
2025.02.17
19:37:38
+0530
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 1124 of 2025
1 - Sadhu Ram S/o Shri Lodaro Aged About 67 Years Retired Gang
Shramik Akushal At Executive Engineer, Public Works Department
Jashpur Division, District Jashpur Chhattisgarh R/o Village Singibahar,
Tahsil - Farsabahar, District Jashpur Chhattisgarh
... Petitioner
versus
1 - State Of Chhattisgarh Through Secretary, Department Of Public
Works Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur
Chhattisgarh
2 - Engineer In Chief Department Of Public Works, Nirman Bhawan,
North Block, Naya Raipur, Chhattisgarh
3 - Chief Engineer Public Works Department Bilaspur Zone, District
Bilaspur Chhattisgarh
4 - Executive Engineer Public Works Department Jashpur Division,
District Jashpur, Chhattisgarh
5 - Joint Director Treasury, Account And Pension, Ambikapur, District
Surguja, Chhattisgarh
... Respondent(s)
(Cause-title taken from Case Information System)
For Petitioner : Mr. Jeet Ram Patel, Advocate
For State/Respondent(s) : Mr. Akhilesh Kumar, GA
Hon'ble Shri Justice Amitendra Kishore Prasad
Order on Board
12/02/2025
1. Heard Mr. Jeet Ram Patel, learned counsel petitioner as well as
Mr. Akhilesh Kumar, learned Government Advocate for
State/respondents.
2. By way of this writ petition, the petitioner has prayed for following
reliefs:
"110.1 That this Hon'ble Court may kindly be
pleased to call for the entire records pertaining to
the case of the petitioner.
10.2 That this Hon'ble Court may kindly be
pleased to direct the respondents authorities to
give benefit of leave encashment within
stipulated time to the petitioner with interest, in
the interest of the justice.
10.3 That, any other relief which the Hon'ble
Court may deemed fit and proper also be
granted to the petitioner, in the interest of
justice."
3. Learned counsel for the petitioner submits that the petitioner was
initially appointed as work-charged employee in respondents'
department in the 1987 and due to superannuation he was retired
from his service in the year 2020. 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
