Chattisgarh High Court
Shiv Kumar Rajput vs State Of Chhattisgarh on 23 January, 2025
1
2025:CGHC:4297
NAFR
RAVI
SHANKAR
MANDAVI
Digitally signed by
HIGH COURT OF CHHATTISGARH AT BILASPUR
RAVI SHANKAR
MANDAVI
Date: 2025.01.28
12:17:09 +0530
WPS No. 634 of 2025
1 - Shiv Kumar Rajput S/o Shri Atma Ram Rajput Aged About 63 Years
R/o Ward No.18, Thakurpara, Mangla, District Bilaspur, Chhattisgarh
... Petitioner
versus
1 - State Of Chhattisgarh Through Secretary, Deopartment Of Public
Works, Mahanadi, Bhawan Mantralaya, Naya Raipur, District Raipur,
Chhattisgarh
2 - Engineering In Chief Public Works Department, Indrawati Bhawan,
New Raipur, District Raipur, Chhattisgarh
3 - Executive Engineer Public Works Department, Division No.2
Bilaspur, District Bilaspur, Chhattisgarh
4 - Joint Director Treasury Account And Pension, Bilaspur, District
Bilaspur Chhattisgarh
... Respondent(s)
(Cause-title taken from Case Information System)
For Petitioner : Mr. Mayank Kumar, Advocate
For State/Respondent(s) : Mr. Suyadhdhar Badgaiya, Dy.
Government Advocate
Hon'ble Shri Justice Amitendra Kishore Prasad
Order on Board
23/01/2025
1. Heard Mr. Mayank Kumar, learned counsel for the petitioners as
well as Mr. Suyadhdhar Badgaiya, learned Dy. Government
Advocate for the State/respondent/s.
2. By way of this writ petition, the petitioners have prayed for
following reliefs:
"10.1. The Hon'ble Court may kindly be pleased to call
for the entire records leading to the impugned action of
the respondents, for the kind perusal of this Hon'ble
Court.
10.2 The Hon'ble Court may further kindly be pleased
to direct the respondents to release the entire amount
of leave encashment as entitled to the petitioner, in
light of the judgment passed by this Hon'ble Court in
matter of Faguvaram Patel and others vs. State of
Chhattisgarh and Ors. - WPS No.3870 of 2021 and
other connected matters.
10.3 Any other relief which the Hon'ble Court deems fit
and proper may also kindly be granted to the
petitioner, in the interest of justice."
3. Learned counsel for the petitioner submits that the petitioner
retired from service of Time Keeper on 31.12.2024. The
respondent Public Works Department is government agency
responsible for building and maintaining public services, such as
public government construction, highways, bridges, public
transportation, drinking water sources, etc. The petitioner is
aggrieved by the inaction on the part of the respondents that
though the petitioner retired from his services in Respondent
Public Works Department, nonetheless, till date the respondents
have not granted the leave encashment, as entitled to him in
terms of the provisions of the Chhattisgarh Work-
Charged/Contingency Paid Employees Leave Rules, 1977. As the
petitioner is entitled to get the benefits of leave encashment but
the said benefits have not been extended in favour of the
petitioner, in illegal, arbitrary and discriminatory manner. Learned
counsel for the petitioner 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. 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.
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 person, 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 their
said representation.
6. Accordingly, this petition stands disposed of with aforesaid
observations and directions.
Sd/-
(Amitendra Kishore Prasad)
Judge
Ravi Mandavi
