Chattisgarh High Court
Indra Kumar Sharma vs State Of Chhattisgarh on 28 January, 2025
1
2025:CGHC:5029
Digitally
NAFR
signed by
RAVI
RAVI SHANKAR
SHANKAR MANDAVI
MANDAVI Date:
2025.02.03
19:49:21
+0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 741 of 2025
1 - Indra Kumar Sharma S/o Gajanand Sharma Aged About 66 Years
Lig 246, Sector 2, Pt. Ddu Nagar, Raipur, Ravishankar University,
Raipur, Distt. Raipur Chhattisgarh
... Petitioner
versus
1 - State Of Chhattisgarh Thro' Secretary, Dept. Of Public Health
Engineering, Mahanadi Bhawan, Nava Raipur, Distt. Raipur,
Chhattisgarh
2 - Executive Engineer Public Health Engineer, Distt. Raipur,
Chhattisgarh
3 - Divisional Joint Director Treasury Accounts And Pension Raipur
Division, District Raipur Chhattisgarh
... Respondent(s)
(Cause-title taken from Case Information System)
For Petitioner : Mr. Virendra Vaishnav, Advocate
For State/Respondent(s) : Mr. Kawaljeet Singh Saini, Panel Lawyer
Hon'ble Shri Justice Amitendra Kishore Prasad
Order on Board
28/01/2025
1. Heard Mr. Virendra Vaishnav, counsel petitioner as well as Mr.
Kawaljeet Singh Saini, learned Panel Lawyer for
State/respondents.
2. Since the matter is heard and decided finally, therefore, I.A.
No.01/2025, which is an application for exemption from filing
typed copy is allowed.
3. By way of this writ petition, the petitioner has prayed for following
reliefs:
"Wherefore it is prayed that this Hon'ble Court be
pleased to allow the instant petition with consequential
relief and issue appropriate Writ and/or suitable order
and/or direction, calling for entire service records of the
petitioner particularly the one concerning the calculation,
grant, and sanction of retiral / terminal benefit to the
petitioner from the possession of the respondents for
kind perusal and to further direct the authorities to take
time bound decision for calculation, grant, and sanction
of leave encashment as a part of retiral / terminal benefit
to the petitioner with interest from the date it has
become due; and pass any other order(s) as this
Hon'ble Court may deem fit and proper in the interest of
justice."
4. Learned counsel for the petitioner submits that petitioner is retired
employees of the respondent department, who was employed as
Steno Clerk in Public Health Engineering Department. 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.
5. 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.
6. I have heard learned counsel for parties and perused the
documents available in record.
7. 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.
8. Accordingly, this petition stands disposed of with aforesaid
observations and directions.
Sd/-
(Amitendra Kishore Prasad)
Judge
Ravi Mandavi
