Chattisgarh High Court
Haripad Sarkar vs State Of Chhattisgarh on 6 March, 2025
1
2025:CGHC:11073
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 1655 of 2025
1 - Haripad Sarkar S/o Late S.C. Sarkar Aged About 64 Years R/o Ward No. 7
Khaikatta Kanker District -North Baster Kanker (C.G.)
2 - Bhagwani Ram Yadav S/o Late Ghasiya Ram Yadav Aged About 73 Years R/o
Ward No. 7 Khairkatta Kanker District - North Baster Kanker (C.G.)
3 - Kanval Singh W/o Late Dhaniram Aged About 75 Years R/o Village Padampur
House No. 44 Ward No. 11 Kanker District - North Baster Kanker (C.G.)
... Petitioner(s)
Versus
1 - State Of Chhattisgarh Through The Secretary Water Resource Department
Mahanadi Bhawan Atal Nagar New Raipur District - Raipur (C.G.)
2 - The Executive Engineer Water Resource Department Division Kanker District -
North Baster Kanker (C.G.)
3 - Treasury Officer Treasury Account And Pension Kanker District - North Baster
Kanker (C.G.)
... Respondent(s)
For Petitioner(s) : Mr. Rahul Singh, Advocate on behalf of Mr. Somkant
Verma, Advocate
For Respondent(s) : Mr. Sabyasachi Choubey, Panel Lawyer
Hon'ble Shri Justice Amitendra Kishore Prasad
Order on Board
06/03/2025
1. Heard Mr. Rahul Singh, learned counsel petitioners as well as Mr.
Digitally
SHUBHAM signed by
DEY SHUBHAM
DEY
Sabyasachi Choubey, learned Panel Lawyer for
State/respondents.
2. By way of this writ petition, the petitioners have prayed for
following reliefs:
"10.1. The Hon'ble Court may kindly be pleased
to issue an appropriate writ, thereby direcitng the
respondent authorities to grant the benefit of
leave encashment of 120 days to the petitioners
as per the order dated 30.09.2022 passed by this
Hon'ble Court in identical case (Faguvaram Patel
& Ors. Vs. State of Chhattisgarh), within
stipulated.
10.2. Any other relief, which this Hon'ble Court
may deem fit."
3. Learned counsel for the petitioners submits that the respective
petitioners were initially appointed on temporary basis on the post
of Unskilled Labour in the Public Works Department. Petitioners
were discharging their duty up to the satisfaction of their superior
authorities without any complaint and subsequently, they have
become permanent employees and have retired from their
services. During their service, the petitioners have performed their
duties and obligations bestowed upon them with utmost sincerity
and to the best of their 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 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
Dey
