Chattisgarh High Court
Anand Ram Kol vs State Of Chhattisgarh on 6 January, 2025
1
2025:CGHC:599
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 8469 of 2024
1 - Anand Ram Kol S/o Jethua Banvasi Kol Aged About 62 Years R/o
Digitally Katel Para, Patgawan, Post Office Patgawan, Bilaspur District Bilaspur
signed by
RAVI
SHANKAR Chhattigarh
MANDAVI
... Petitioner
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 Enineering (P.H.E.)
Atal Nagar Nava Sector 19, Nawa Raipur, Chhattisgarh
3 - Chief Engineer, Puiblic Health Engineering (P.H.E.) Zone Bilaspur,
District Bilaspur, Chhattisgarh
4 - Superintedent Engineer Public Health Engineer (P.H.E.), Circle
Bilaspur , District Bilaspur (C.G.)
5 - Executive Engineer Public Health Engineer, (P.H.E.) Gaurela Pendra
Marwahi District-Gaurela Pendra Marwahi , Chhattisgarh
6 - Divisional Joint Director Treasury Accounts And Pension Bilaspur
Division, Bilaspur, District Bilaspur Chhattisgarh
7 - Treasury Officer District Treasury Gaurella-Pendra Marwahi, District
Gaurella-Pendra Marwahi, Chhattisgarh
... Respondent(s)
(Cause-title taken from Case Information System)
For Petitioner : Mr. Akash Shrivastava, Advocate
For State/Respondent(s) : Mr. Suyashdhar Badgaiya, Dy.
Government Advocate
Hon'ble Shri Justice Amitendra Kishore Prasad
Order on Board
06/01/2025
1. Heard Mr. Akash Shrivastava, learned counsel petitioner as well
as Mr. Suyashdhar Badgaiya, learned Dy. Government Advocate
for State/respondents.
2. By way of this writ petition, the petitioner has 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 petitioner submits that petitioner is retired
employees of the respondent department, who was worked
charged government servant working as Helper in Public Health
Engineering Department, District Gaurella-Pendra-Marwahi
(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 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
