Ram Prasad Sahu vs State Of Chhattisgarh
2025 Latest Caselaw 1022 Chatt

Chattisgarh High Court

Ram Prasad Sahu vs State Of Chhattisgarh on 9 January, 2025

                                                        1




                                                                      2025:CGHC:1352


           Digitally signed
           by GOURI
                                                                                     NAFR
           MUDALIAR
GOURI
           Date:
MUDALIAR   2025.01.10
           11:06:16
           +0530              HIGH COURT OF CHHATTISGARH AT BILASPUR



                                              WPS No. 75 of 2025


                  Ram Prasad Sahu S/o Lt. Bhukhan Sahu Aged About 67 Years R/o Rampur
                  Para Gali, Ward No. 04, Padampur, Distt.- Mungeli, Chhattisgarh
                                                                                ... Petitioner


                                                     versus


                  1 - State Of Chhattisgarh Through The Secretary, Department Of Water
                  Resources, Mahanadi Bhawan, Mantralaya, Atal Nagar Naya Raipur, Distt.-
                  Raipur, Chhattisgarh


                  2 - Engineer-In-Chief Water Resource Department, Shivnath Bhawan, Sector
                  19, Naya Raipur, Distt.- Raipur Chhattisgarh


                  3 - Chief Engineer Water Resource Department, Maniyari, Bilaspur, Distt.-
                  Bilaspur, Chhattisgarh


                  4 - Executive Engineer Water Resource Department, Division Mungeli, Distt.-
                  Mungeli, Chhattisgarh


                  5 - Divisional Joint Director Fund Account And Pension, Bilaspur, Distt.-
                  Bilaspur, Chhattisgarh
                                                                         ... Respondents

For Petitioner : Ms. Ankita Shukla, Advocate.

For                  :   Shri Abhishek Gupta, PL.
Respondents/State

Hon'ble Shri Justice Amitendra Kishore Prasad

Order on Board

09/01/2025

1. Heard Ms. Ankita Shukla, learned counsel for the petitioner and

Shri Abhishek Gupta, learned Panel Lawyer appearing for the

State/respondents.

2. By filing this writ petition, the petitioner has prayed for following

relief(s):-

(i)That, the Hon'ble Court may kindly be pleased to issue an

appropriate writ by directing the respondent authorities to consider

the case of the petitioner for grant of leave encashment and

appropriate orders be passed for releasing of leave encashment

along with interest, in the interest of justice.

(ii)Any other relief or reliefs may also be granted to the petitioner

which this Hon'ble Court deems fit and proper in the facts and

circumstances of the case."

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

employees of the respondent department, who was work charged

employee working in Water Resource Department, Mungeli,

District Mungeli. 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

writ 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 writ petition stands disposed of with aforesaid

observations and directions.

Sd/-

(Amitendra Kishore Prasad )

Judge

gouri