Shiv Prasad Soni vs State Of Chhattisgarh
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Chattisgarh High Court

Shiv Prasad Soni vs State Of Chhattisgarh on 3 September, 2025

                                                                              2025:CGHC:44890

                                                                                                   NAFR
                HIGH COURT OF CHHATTISGARH AT BILASPUR

                                        WPS No. 10301 of 2025

Shiv Prasad Soni S/o Shankar Lal Soni Aged About 64 Years R/o Ward No. 28, Near
Tv Tower, Chhote Attarmuda, Raigarh, Distt.- Raigarh (C.G.) Retired Employee
Claiming Leave Encashment.
                                                               ... Petitioner(s)

                                                    versus

1 - State Of Chhattisgarh Through The Secretary, Department Of Water Resource,
Mahanadi Bhawan, Naya Raipur, Distt.- Raipur (C.G.)

2 - The Secretary Department Of General Administration, Mahanadi Bhawan, Naya
Raipur, Distt.- Raipur (C.G.)

3 - The Secretary Department Of Finance, Mahanadi Bhawan, Naya Raipur, Distt.-
Raipur (C.G.)

4 - Engineer-In-Chief Water Resource Department, Shivnath Bhawan, Sector-19,
Naya Raipur, Distt.- Raipur (C.G.)

5 - Chief Engineer Minimata Hasdeo Bango Project, Water Resource Department,
Bilaspur (C.G.)

6 - Superintendent Engineer Water Resource Circle, Bilaspur (C.G.)

7 - Executive Engineer E/m Heavy Machinery Division, Water Resource Department,
Bilaspur (C.G.)
                                                               ...Respondents
                           (Cause title is taken from the CIS)
------------------------------------------------------------------------------------------------------------------

For Petitioner                                         : Shri Avinash Singh, Advocate
For Respondents/State                                  : Shri Mayur Khandelwal, PL

------------------------------------------------------------------------------------------------------------------

Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 03.09.2025

1. Learned counsel for the petitioner would submit that petitioner is retired

employee of the Water Resource Department, and was working as Work Charged

Contingency paid employee. It is further submitted that in light of judgment passed Wps 10301 of 2025

by this Court in WPS-3870 of 2021 (Faguvaram Patel, and others Vs State of

Chhattisgarh and others), and other connected matters, decided on 30.09.2022,

present petitioner is also entitled for leave encashment.

2. Learned State counsel would submit 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 service to avail the benefit of leave encashment.

3. Heard learned counsel for the parties and perused the documents on record.

4. Be that as it may, without commenting anything on merits of the case, this

petition is disposed of giving liberty to the petitioner to make a detailed representation

before the concerned respondent/ competent authority within a period of 30 days

from the date of receipt of copy of this order with all necessary documents to

substantiate his/her claim. In that event, on due verification of service record, if the

petitioner is found to be similarly situated person as in the case of Faguvaram Patel

(supra), his/her claim shall be decided by the respondents in light of judgment passed

in that case, and also other applicable rules and Circulars, expeditiously, preferably

within a period of 90 days from the date of submission of the said representation.

5. Accordingly, petition stands disposed of with aforesaid observation and

direction.

Sd/-

(Ravindra Kumar Agrawal) JUDGE padma