Chattisgarh High Court
Mohan Lal Tamrakar vs State Of Chhattisgarh on 28 January, 2025
1
2025:CGHC:5024
NAFR
Digitally
signed by
RAVI
RAVI SHANKAR
SHANKAR MANDAVI
HIGH COURT OF CHHATTISGARH AT BILASPUR
MANDAVI Date:
2025.02.01
13:24:42
+0530
WPS No. 717 of 2025
1 - Mohan Lal Tamrakar S/o Late Shri Sukaruram Tamrakar Aged About
71 Years Occupation- Retd. H. E. M. Operator- I I, Water Resources
Department, Durg, Distt.- Durg, C.G.
... Petitioner
versus
1 - State Of Chhattisgarh Through The Secretary Water Resources
Department, Mantralaya, Mahanadi Bhawan, Capital Complex, Atal
Nagar Naya Raipur, Distt. -Raipur, C.G.
2 - Executive Engineer Water Resources Department, Raipur, Distt. -
Raipur, C.G.
3 - Sub Divisional Officer Water Resources Department, Utai Road, In-
Front Of Adarsh Kanya School, Durg, Distt. -Durg, C.G.
4 - Joint Director Treasury Accounts And Pension, Division Durg, Distt. -
Durg, C.G.
... Respondent(s)
(Cause-title taken from Case Information System)
For Petitioner : Mr. Sunil Sahu, Advocate
For State/Respondent(s) : Ms. Poorva Tiwari, Panel Lawyer
Hon'ble Shri Justice Amitendra Kishore Prasad
Order on Board
28/01/2025
1. Heard Mr. Sunil Sahu, learned counsel petitioner as well as Ms.
Poorva Tiwari, learned Panel Lawyer for State/respondents.
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 record relates to petitioner for kind
perusal of Hon'ble court.
10.2 That this Hon'ble Court may kindly be pleased to
issue an appropriate writ commanding and directing
the respondents to release the amount of leave
encashment forthwith, with appropriate rate of interest.
10.3 That this Hon'ble Court may kindly be pleased to
issue an appropriate writ by commanding and directing
the respondents to consider and decide the petitioners
claim in light of the Circulars as well as decision of this
Honble court."
3. Learned counsel for the petitioner submits that the petitioner was
appointed on 25.01.1988 on the post of Tractor Driver in the Water
Resources Department and he served as Driver during whole
service tenure before 8 months of retirement he was promoted as
H. E. M. Operator-II vide order dated 13.10.2015 and retired on
30.07.2016, thereby the petitioner is the worked charge /
contingency paid employee who served with the Sub Divisional
officer Water resources Department Durg, Distt. - Durg (C.G.) and
after completing the age of superannuation he was retired from
services on 30.07.2016. 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 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 petition stands disposed of with aforesaid
observations and directions.
Sd/-
(Amitendra Kishore Prasad)
Judge
Ravi Mandavi
