Filbun Kujur vs State Of Chhattisgarh
2025 Latest Caselaw 1980 Chatt

Chattisgarh High Court

Filbun Kujur vs State Of Chhattisgarh on 18 February, 2025

                                         1




                                                    2025:CGHC:8286


                                                                   NAFR

             HIGH COURT OF CHHATTISGARH AT BILASPUR


                           WPS No. 1291 of 2025

Filbun Kujur S/o Shri Budhnath Kujur aged about 64 years, retired "Sthal
Sahayak" at Executive Engineer Public Works Department Pathalgaon,
Division Pathalgaon, District Jashpur, (C.G.) R/o. Village Khunta-Tangar,
Tahsil Sanna, District Jashpur, (C.G.)
                                                              ... Petitioner


                                    Versus


1 - State of Chhattisgarh Through - Secretary, Department of Public Works,
Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, Distt. Raipur, (C.G.)


2 - Engineer in Chief, Department of Public Works, Nirman Bhawan, North
Block, Naya Raipur, (C.G.).


3 - Chief Engineer, Public Works Department Bilaspur Zone, District Bilaspur
(C.G.).


4 - Executive Engineer Public Works Department Pathalgaon, Division
Pathalgaon, District Jashpur, (C.G.).


5 - Joint Director Treasury, Account & Pension Ambikapur, Distt. Surguja,
(C.G.)
                                                           ... Respondents

For Petitioner : Mr. Jeet Ram Patel, Advocate.

For State : Mr. Rishabh Bisen, P.L.

SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 18.02.2025

1. 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 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.

2. Learned counsel for the petitioner submits that petitioner is retired

employee of the respondents department, who was working as

"Sthal Sahayak" at Executive Engineer Public Works Department.

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 was entitled for leave

encashment.

3. 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 the

service to avail the benefit of leave encashment.

4. I have heard learned counsel for parties and perused the

documents available in record.

5. 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 (supra), 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.

6. Accordingly, this petition stands disposed of with aforesaid

observations and directions.

Sd/-

(Amitendra Kishore Prasad) Judge

Uttej