Chattisgarh High Court
Smt. Dasi vs State Of Chhattisgarh on 7 March, 2025
1
2025:CGHC:11493
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 1670 of 2025
1 - Smt. Dasi W/o Dhurva Ram Aged About 65 Years R/o 54 Solupara
Phulbagdi Post Kerlapal Distt Sukuma Chhattisgarh
2 - Dashrath S/o Lakshman Aged About 65 Years R/o Dubbatola Distt.
Sukuma Chhattisgarh
--- Petitioner(s)
versus
1 - State Of Chhattisgarh Through The Secretary, Public Works Department,
Mahanadi Bhawan Mantralaya, New Raipur, Atal Nagar District Raipur
Chhattisgarh
2 - The Engineer In Chief Public Works Department, District Raipur
Chhattisgarh
3 - The Chief Engineer National Highway Division Distt. Raipur Chhattisgarh
4 - The Superintendent Engineer National Highway Division Distt.
Raipur/bastar Chhattisgarh
5 - The Executive Engineer National Highway Division Jagdalpur Distt.
Bastar Chhattisgarh
6 - The Sub Divisional Officer National Highway Sub Division Sukuma Distt.
Sukuma Chhattisgarh
7 - Senior Treasurer Officer Jagdalpur Distt. Bastar Chhattisgarh
... Respondent(s)
For Petitioners : Mr. Vikash A. Shrivastava, Advocate
For Respondents : Mr. Kanwaljeet Singh Saini, P.L.
Hon'ble Shri Justice Amitendra Kishore Prasad
Digitally
signed by
BALRAM
Order on Board
BALRAM PRASAD
PRASAD DEWANGAN
DEWANGAN Date:
2025.03.10
16:26:40
+0530
07/03/2025
1. Heard Mr. Vikash A. Shrivastava, learned counsel petitioners as
well as Mr. Kanwaljeet Singh Saini, learned Panel Lawyer for
State/respondents.
2. By way of this writ petition, the petitioners have prayed for
following reliefs:
"10.1. To issue an appropriate writ or order to
direct the respondent's authority to grant the
benefits of leave encashment in favour of the
petitioner.
10.2. Any other relief deemed fit in the facts and
circumstances including award of cost of the
petition may also be granted ."
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
Balram
