Smt. Somari Bai vs State Of Chhattisgarh
2025 Latest Caselaw 1004 Chatt

Chattisgarh High Court

Smt. Somari Bai vs State Of Chhattisgarh on 8 January, 2025

                                                1




                                                               2025:CGHC:1108


                                                                              NAFR

                      HIGH COURT OF CHHATTISGARH AT BILASPUR

Digitally
signed by                             WPS No. 107 of 2025
RAVI
SHANKAR
MANDAVI


            1 - Smt. Somari Bai Wd/o Late Bandhan Ram Aged About 67 Years R/o
            Village Bhariya, Tahsil Bagicha, District Jashpur Chhattisgarh.
                                                                        ... Petitioner


                                             versus


            1 - State Of Chhattisgarh Through Secretary, Department Of Water
            Resource Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur
            Chhattisgarh.

            2 - Engineer In Chief Water Resources Department, Shivnath Bhawan,
            New         Raipur,        District     Raipur         Chhattisgarh.

            3 - Chief Engineer (Hasdeo) Ganga Kachhar, Water Resource
            Department   Ambikapur,    District Surguja   Chhattisgarh.

            4 - Executive Engineer Water Resource Division Jashpur, 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 Patel, Advocate For State/Respondent(s) : Mr. Kawaljeet Singh Saini, Panel Lawyer

Hon'ble Shri Justice Amitendra Kishore Prasad

Order on Board

08/01/2025

1. Heard.

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 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 petitioner is wife of

retired employees of the respondent department. The petitioner's

husband was worked charged employee is the respondent

department in the year 1992 and after retirement died on 2019.

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 her 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), her 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