Chattisgarh High Court
Pyarelal Sahu vs State Of Chhattisgarh on 4 March, 2025
1
Digitally
signed by
2025:CGHC:10526
RAVI
RAVI SHANKAR
SHANKAR MANDAVI
MANDAVI Date:
2025.03.10
18:44:24
+0530
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 1582 of 2025
1 - Pyarelal Sahu S/o Lt. Kishun Sahu Aged About 65 Years R/o H. No.
99/2, Gurughasidas Para, Jhajhpuri Kalan, Mungeli, Distt - Mungeli
(C.G.)
... Petitioner
versus
1 - State Of Chhattisgarh Through The Secretary, Public Works
Department, Mahanadi Bhawan, Mantralaya, Atal Nagar Naya Raipur,
Distt- Raipur (C.G)
2 - Engineer-In-Chief Public Work Department, Sihawa Bhawan, Naya
Raipur, Distt- Raipur (C.G)
3 - Chief Engineer Public Work Department, Bilaspur Zone, Distt-
Bilaspur (C.G)
4 - Executive Engineer Public Work Department, Division Mungeli, Distt-
Mungeli (C.G)
5 - Divisional Joint Director Fund Account And Pension, Bilaspur
Division, Distt- Bilaspur (C.G)
... Respondent(s)
(Cause-title taken from Case Information System)
For Petitioner : Ms. Ankita Shukla, Advocate
For State/Respondent(s) : Mr. Vivek Sharma, Additional AG
Hon'ble Shri Justice Amitendra Kishore Prasad
Order on Board
04/03/2025
1. Heard Ms. Ankita Shukla, learned counsel petitioner as well as
Mr. Vivek Sharma, learned Additional Advocate General for the
State/respondent/s.
2. By way of this writ petition, the petitioner has prayed for following
reliefs:
"10.1 That, the Hon'ble Court may kindly be
pleased to issue an appropriate writ by directing
the respondent authorities to consider the case
of petitioner for grant of leave encashment and
appropriate orders be passed for releasing of
leave encashment along with interest, in the
interest of Justice.
10.2 Any other relief or reliefs may also be
granted to the petitioner which this Hon'ble court
deems fit and proper in the facts and
circumstances of the case."
3. Learned counsel for the petitioner submits that the petitioner was
appointed on the post of Gang Shramik Akashual and due to
superannuation he was retired, he has been given other retrial
dues except amount of leave encashment. After appointment of
the petitioner he working his duty with utmost honesty, sincerity
and to the satisfaction of his superiors. They were never
communicated any adverse remarks in his entire service period.
The petitioner is fully eligible and legally entitled to get the benefit
of amount of leave encashment, but due to inaction on the part of
the respondent authority, he was deprived from getting said
benefit. As the petitioner is also entitled for grant of Leave
Encashment but till date benefit of leave encashment has not
been extended to the petitioner. 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
