Chattisgarh High Court
Smt. Gauri Bai Patel vs State Of Chhattisgarh on 27 May, 2025
Author: Parth Prateem Sahu
Bench: Parth Prateem Sahu
1
2025:CGHC:22332
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 3884 of 2025
1 - Smt. Gauri Bai Patel Wd/o Late Ghasiya Patel Aged About 62 Years By
Caste Marar, R/o- Amlipali, Ward No. 05, Durgapali, Raigarh, Distt. Raigarh
(C.G.)
2 - Smt. Lachhantin Patel Wd/o Late Nakul Aged About 50 Years Resident Of
House No. 35, Amlipara, Durgapali, Raigarh, Distt.- Raigarh (C.G.)
3 - Ghuruwa Patel S/o Late Smt. Shyam Bai Aged About 45 Years R/o-
Sarangarh, Godhihari, Distt. Sarangarh-Bilaigarh (C.G.)
--- Petitioner(s)
versus
1 - State Of Chhattisgarh Through The Secretary, Public Works Department,
New Mantralaya, Mahanadi Bhawan New Raipur, District Raipur (C.G.)
2 - State Of Chhattisgarh Through The Secretary, General Administration
Department, New Mantralaya, Mahanadi Bhawan New Raipur, District-
Raipur (C.G.)
3 - State Of Chhattisgarh Through The Secretary, Finance Department, New
Mantralaya, Mahanadi Bhawan New Raipur, District- Raipur (C.G.)
4 - The Engineer-In-Chief Public Works Department, Nirman Bhawan, North
BALRAM Block, Sector- 19, Capital Complex Naya Raipur, Atal Nagar, Raipur (C.G.)
PRASAD
DEWANGAN
Digitally signed
by BALRAM 5 - The Superintendent Engineer Public Works Department, Bilaspur Circle,
PRASAD
DEWANGAN District- Bilaspur (C.G.)
6 - The Executive Engineer Public Works Department, Raigarh Division,
District- Raigarh (C.G.)
7 - The Sub-Divisional Officer Public Works Department Sub-Division,
Raigarh, District- Raigarh (C.G.)
8 - The Joint Director Treasury Account And Pension, Divisional Office,
Bilaspur Division, District- Bilaspur (C.G.)
---- Respondents
____________________________________________________________
For Petitioners : Mr. R.S. Patel, Advocate
For Respondents/State : Mr. Rahul Tamaskar, G.A.
Hon'ble Shri Justice Parth Prateem Sahu
Order On Board
27/05/2025
1. Petitioners have filed this petition seeking following relief (s) :-
"10.1 Issue appropriate writ and direct the respondent
authorities to Grant Leave Encashment to the petitioner
along with an interest @ 24% per annum, in the interest of
justice.
10.2 Issue appropriate writ and direct the respondent
authorities to decide the representation of the petitioner
within 03 months, in the interest of justice.
10.3 Pass an appropriate order or issue writ as deemed fit
under the facts and circumstances of the case."
2. Learned counsel for the petitioners submits that the husband of
petitioner No.1 and 2 and mother of petitioner No.3 are retired
employees of the respondent department, who were working as Daily
Wages Worker in the Public Works Department, are entitled for leave
encashment but till date respondents have not extended the benefit of
leave encashment to petitioners. He further submits that in light of the
judgment passed by this Court in case of Faguvaram Patel & Ors.
Vs. State of C.G., in W.P.(S) No. 3870 of 2021 decided on
30.09.2022, the petitioners are entitled for leave encashment.
3. Learned State counsel submits that sufficient documents has not been
filed by the petitioners and it is also not reflected as to whether the
husband of petitioner No.1 and 2 and mother of petitioner No.3 have
completed the minimum period of the service to avail the benefit of
leave encashment.
4. I have heard learned counsel for the parties and perused the
documents available on record.
5. 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 representation, on due verification, if the petitioners are
found to be similarly situated persons, as in the case of Faguvaram
Patel (Supra), their 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/-
(Parth Prateem Sahu)
Judge
Balram
