Smt. Chinta Netam vs State Of Chhattisgarh
2025 Latest Caselaw 2254 Chatt

Chattisgarh High Court

Smt. Chinta Netam vs State Of Chhattisgarh on 4 March, 2025

                                            1




                                                               2025:CGHC:10527
                                                                              NAFR
            HIGH COURT OF CHHATTISGARH AT BILASPUR
                               WPS No. 1596 of 2025

1 - Smt. Chinta Netam W/o Late Narad Ram Netam Aged About 50 Years R/o Shiv
Nagar, Uday Nagar Ward, Kanker, District - Uttar Bastar Kanker, Chhattisgarh
                                                                     ... Petitioner(s)
                                          versus
1 - State Of Chhattisgarh Through The Secretary, Public Health Engineering
Department, Mantralaya, Mahanadi Bhawan, Capital Complex, Atal Nagar, Naya
Raipur, District - Raipur, Chhattisgarh
2 - Executive Engineer Public Health Engineering Department, Jagdalpur, District -
Bastar, Chhattisgarh
3 - Assistant Engineer Sub-Division Public Health Engineering Department, Kanker,
District- North Bastar Kanker, Chhattisgarh
4 - Joint Director Treasury, Accounts And Pension, Division Jagdalpur, District -
Bastar, Chhattisgarh
                                                             ... Respondent(s)

(Cause-title taken from Case Information System)

For Petitioner : Mr. Syed Md. Sohail Afzal, Advocate For State/Respondent(s) : Ms. Akanksha Verma, Panel Lawyer

Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board

04/03/2025

1. 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 issue an appropriate writ directing the respondents to release the leave encashment amount with interest.

10.2 That, this Hon'ble Court may kindly be

pleased to issue appropriate writ directing the respondents to decide the petitioner's claim in light of the judgement in W.P.(S.) No. 3870 of 2021 (Faguvaram Patel & Ors. vs. State of Chhattisgarh) and W.P.S. No. 444b of 2025 (Omkar Lal Vishwakarma & Ors. vs. State of Chhattisgarh & Ors.) 10.3 Tny other relief which may be suitable in the facts and circumstances of the case, may also be granted."

2. Learned counsel for the petitioner submits that the husband of

petitioner was initially appointed as a Helper with the respondent

department and subsequently service of husband of petitioner

was regularized. Husband of petitioner, after permanent status,

had retired after attaining the age of superannuation. During his

service, the husband of petitioner has performed his duties and

obligations bestowed upon him with utmost sincerity and to the

best of his capabilities with an unblemished service record. 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 also entitled for leave

encashment as petitioner is legal precedent of deceased

employee.

3. Learned State counsel submits that sufficient documents have not

been filed by the petitioner and it is also not reflected as to

whether the deceased employee 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 the said

representation.

6. Accordingly, this petition stands disposed of with aforesaid

observations and directions.

Sd/-

(Amitendra Kishore Prasad) Judge Shayna