Chattisgarh High Court
Jagdhari Ram Yadav vs State Of Chhattisgarh on 9 January, 2025
1
2025:CGHC:1356
Digitally signed
GOURI
by GOURI
MUDALIAR NAFR
MUDALIAR Date:
2025.01.10
11:05:25
+0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 100 of 2025
1 - Jagdhari Ram Yadav S/o Late. Mangal Ram Aged About 65 Years
Retired Chowkidar R/o Village- Narbadapara, Ambikapur, Tahsil-
Ambikapur, District Sarguja, Chhattisgarh.
2 - Mithlesh Kumar Mishra S/o Late Rajkaran Mishra Aged About 66
Years Retired Time Keeper, R/o Village Ambikapur, Tahsil- Ambikapur,
District Sarguja, Chhattisgarh.
3 - Bihari Ram S/o Gendu Ram Kewat Aged About 74 Years Retired
Time Keeper, R/o Village Salka, Tahsil- Lakhanpur, District Sarguja,
Chhattisgarh.
4 - Sukhdeo Choubey S/o Rajkishor Choubey Aged About 70 Years
Retired Chowkidar, R/o Village Sontarai, Tahsil- Sitapur, District
Sarguja, Chhattisgarh.
5 - Kapil Prasad Gupta S/o Mathura Aged About 70 Years Retired Time
Keeper, R/o Village Guturma, Tahsil- Sitapur, District Sarguja,
Chhattisgarh.
... Petitioners
versus
2
1 - State Of Chhattisgarh Through The Secretary, Water Resources
Department, Mahanadi Bhawan, Mantralay, Nava Raipur, District
Raipur, Chhattisgarh.
2 - Engineer In Chief Water Resources Department, Shivnath Bhawan,
North Block Sector 19, Nava Raipur, District Raipur, Chhattisgarh.
3 - Chief Engineer Hasdev Ganga Kachhar, Water Resources
Department, Ambikapur, District Sarguja, Chhattisgarh.
4 - Executive Engineer Water Resources Division No. 01 Ambikapur,
District Sarguja, Chhattisgarh.
... Respondents
For Petitioners : Shri Hemant Kesharwani, Advocate.
For : Shri Suyashdhar Badgaiya, Dy.G.A.
Respondents/State
Hon'ble Shri Justice Amitendra Kishore Prasad
Order on Board
09/01/2025
1. Heard Shri Hemant Kesharwani, learned counsel for the
petitioners and Shri Suyashdhar Badgaiya, learned Deputy
Government Advocate appearing for the State/respondents.
2. By filing this writ petition, the petitioners have prayed for following
relief(s):-
"(i)That, this Hon'ble Court may kindly be pleased to issue the
direction for the respondent authorities to grant the benefit of
leave encashment.
(ii)Any other relief as this Hon'ble Court may be pleased to
grant."
3. Learned counsel for the petitioners submits that the petitioners are
retired employees of the respondent department, who were work
charged employees working in Water Resource Department,
Ambikapur, District Sarguja. 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
petitioners are entitled for leave encashment.
4. Learned State counsel submits that sufficient documents have not
been filed by the petitioners and it is also not reflected as to
whether the petitioners have 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 petitioners 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 petitioners are found to
be similarly situated persons, as in the case of Faguvaram Patel
(surpa), their 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
