Chhattisgarh High Court
WPS/8428/2024 of RADHELAL SAHU Vs STATE OF CHHATTISGARH on 20 December 2024
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8390 of 2024 1 - Ram Swaroop Sharma S/o Late Ram Kumar Sharma Aged About 74 Years R/o Village Barganva, P.O. Bharridand, Tehsil Pendra Road, District Gaurela-Pendra-Marwahi, Chhattisgarh. --- Petitioner(s) versus 1 - State Of
2024:CGHC:50350NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 8390 of 2024
1 - Ram Swaroop Sharma S/o Late Ram Kumar Sharma Aged About 74Years R/o Village Barganva, P.O. Bharridand, Tehsil Pendra Road, DistrictGaurela-Pendra-Marwahi, Chhattisgarh.
--- Petitioner(s)
versus
1 - State Of Chhattisgarh Through Secretary, Public Works Department(P.W.D.), Mahanadi Bhawan, Nava Raipur, District Raipur, Chhattisgarh.
2 - Engineer-In-Chief, Public Works Department (P.W.D.), Atal Nagar, Sector19,NawaRaipur,DistrictRaipur,Chhattisgarh.
3 - Superintendent Engineer, Public Works Department (P.W.D.), Bilaspur,Circle,DistrictBilaspur,Chhattisgarh.
4 - Chief Engineer, Public Works Department (P.W.D.), Bilaspur, Circle,DistrictBilaspur,Chhattisgarh.
5 - Executive Engineer (Pendra Division), Public Works Department (P.W.D.),Pendra Road, District Gaurela - Pendra -Marwahi, Chhattisgarh.
6 - Divisional Joint Director, Treasury Accounts And Pensions - BilaspurDivision,Bilaspur,DistrictBilaspur,Chhattisgarh.
7 -Treasury Officer, District Treasury Gaurela-Pendra-Marwahi,Chhattisgarh.
--- Respondent(s)
WITH
WPS No. 8428 of 2024
1 - Radhelal Sahu S/o Late Sukhiram Sahu Aged About 66 Years Resident281/3, Ward No. 11, Sahupara, Kirari, Masturi, Distt. Bilaspur (Chhattisgarh)
---Petitioner(s)
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1 - State Of Chhattisgarh Through Secretary, Water Resources Department,Sector-19, Shivnath Bhawan, Atal Nagar, Raipur Chhattisgarh 2 - Engineer-In-Chief Water Resources Department, Sector-19, ShivnathBhawan, Atal Nagar, Raipur, Chhattisgarh 3 - Superintending Engineer Water Resources Circle/department BilaspurChhattisgarh 4 - Executive Engineer Kharang Water Resources Department, DivisionKota, District Bilaspur, Chhattisgarh 5 - Collector- Bilaspur Collectorate, Bilaspur, District Bilaspur (Chhattisgarh)
6 - Divisional Joint Director Treasury Accounts And Pensions- BilaspurDivision, Bilaspur District Bilaspur (Chhattisgarh)
--- Respondent(s)
Hon’ble Shri Justice Rakesh Mohan PandeyJudgment On Board 20/12/2024
1) Learned counsel for the petitioners submits that petitioners are retiredemployees/ legal heirs of retired employees of the respondentdepartment, who were working as worked charged contingency paidemployee. He submits that in the light of judgment passed by thisCourt in Writ Petition (S) No.3870 of 2021 (Faguvaram Patel & Ors.Vs. State of Chhattisgarh & Ors.) and other connected mattersdecided on 30.09.2022, the petitioners are entitled for leaveencashment.employees/ legal heirs of retired employees of the respondentdepartment, who were working as worked charged contingency paidemployee. He submits that in the light of judgment passed by thisCourt in Writ Petition (S) No.3870 of 2021 (Faguvaram Patel & Ors.Vs. State of Chhattisgarh & Ors.) and other connected mattersdecided on 30.09.2022, the petitioners are entitled for leaveencashment.
2) Learned State counsel submits that sufficient documents have notbeen filed by the petitioners and it is also not reflected as to whetherthe petitioners have completed the minimum the service to avail thebenefit of leave encashment. been filed by the petitioners and it is also not reflected as to whetherthe petitioners have completed the minimum the service to avail thebenefit of leave encashment.
3) I have heard learned counsel for parties and perused the documentsavailable in record. available in record.
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4) Be that as it may, without commenting anything on the merits, thesepetitions are disposed of giving liberty to the petitioners to makedetailed representation before the concerned respondent/competentauthority within the period of ‘30 days’ from the date of receipt of copyof this order with all necessary documents to substantiate their claim.In the event of filing of representation, on due verification, if thepetitioners are found to be similarly situated persons, as in the case ofFaguvaram Patel (surpa), their claim shall be decided by therespondents in light of judgment of Faguvaram Patel (Supra)expeditiously preferably within the period of ‘90 days’ from the date ofsubmission of the said representation. petitions are disposed of giving liberty to the petitioners to makedetailed representation before the concerned respondent/competentauthority within the period of ‘30 days’ from the date of receipt of copyof this order with all necessary documents to substantiate their claim.In the event of filing of representation, on due verification, if thepetitioners are found to be similarly situated persons, as in the case ofFaguvaram Patel (surpa), their claim shall be decided by therespondents in light of judgment of Faguvaram Patel (Supra)expeditiously preferably within the period of ‘90 days’ from the date ofsubmission of the said representation.
5) Accordingly, these petitions stand disposed of with aforesaidobservations and directions.observations and directions.
Sd/-
(Rakesh Mohan Pandey)Judge
Ajinkya
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