Chattisgarh High Court
Samme Singh Kanwar vs State Of Chhattisgarh on 6 January, 2025
1
2025:CGHC:600
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 8472 of 2024
Digitally
signed by 1 - Samme Singh Kanwar S/o Shri Nankushiya Singh Aged About 65
RAVI
SHANKAR Years R/o 9/481 Korawa Para, Stegan Road, Champa, District Janjgir
MANDAVI
Champa Chhattisgarh.
2 - Sushila Yadav W/o Lt. Shri Panchra Yadav Aged About 59 Years R/o
Kosmanda, District : Janjgir-Champa, Chhattisgarh
3 - Sunita Devdas W/o Lt. Shri Khambhan Lal Devdas Aged About 46
Years R/o Ward No. 8, Near Water Tank, Akaltara,, District : Janjgir-
Champa, Chhattisgarh
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through Secretary, Department Of Public
Health Engineering (P.H.E.), Mahanadi Bhawan, Nava Raipur, District
Raipur, Chhattisgarh.
2 - Engineer-In-Chief Department Of Public Health Engineering (P.H.E.)
Atal Nagar, Sector 19, Nava Raipur
3 - Chief Engineer Public Health Engineering (P.H.E.) Zone-Bilaspur
4 - Superintendent Engineer Public Health Engineering (P.H.E.), Circle-
Bilaspur
5 - Executive Engineer Janjgir-Champa, Public Health Engineering
(P.H.E.)
6 - Divisional Joint Director Treasury Accounts And Pensions Bilaspur
2
Division Bilaspur
7 - Treasury Officer District Treasury, Janjgir-Champa
... Respondent(s)
(Cause-title taken from Case Information System)
For Petitioner(s) : Mr. Akash Shrivastava, Advocate
For Respondent(s) : Mr. Kawaljeet Singh Saini, Panel Lawyer
Hon'ble Shri Justice Amitendra Kishore Prasad
Order on Board
06/01/2025
1. Heard Mr. Akash Shrivastava, learned counsel petitioners as well
as Mr. Kawaljeet Singh Saini, learned Panel Lawyer for
State/respondents.
2. By way of this writ petition, the petitioners have prayed for
following reliefs:
"1. Issue an appropriate writ/order/direction to the
Respondent authorities in accordance with the order
dated 30.09.2022, passed in WPS No.3870/2021
titled as Faguvaram Patel & Ors. vs. State of
Chhattisgarh & Ors. and thereby the Petitioners be
granted the leave encashment in the interest of justice.
and /or.
2. Costs of the petition.
3. Any other relief as deemed fit by this Hon'ble Court."
3. Learned counsel for the petitioners submits that petitioner No.1 is
retired employees of the respondent department, who was posted
as work charged Helper in Public Health Engineering Department,
Sub-Division Champa, District Janjgir-Champa (C.G.) and
petitioner Nos.2 and 3 are widows of deceased employees Lt. Shri
Panchram Yadav and Lt. Shri Khambhan Lal Devdas respectively,
who were posted as work charged government servant and were
working as Watchmen in Public Health Engineering Department,
Sub-Division Champa, District Janjgir-Champa (C.G.). 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 petitioner 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
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 claims 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
