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2024:CGHC:42330
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 6932 of 2024
1 - Smt. Dhaneshwari Bai Wd/o Late Suresh Das Aged About 49 Years R/o
Village Bhadiya (Rupsera), Tahsil Bagicha, District Jashpur, C.G.
---- Petitioner
versus
1 - State Of Chhattisgarh Through Secretary, Department Of Water Resource
Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur, C.G.
2 - Engineer In Chief Water Resources Department, Sihawa Bhawan New
Raipur, District Raipur, C.G.
3 - Chief Engineer (Hasdeo) Ganga Basin, Water Resource Department
Ambikapur, District Surguja, C.G.
4 - Executive Engineer Water Resource Division Jashpur, District Jashpur,
C.G.
5 - Joint Director Treasury, Account And Pension, Ambikapur, District
Surguja, C.G.
---- Respondents
____________________________________________________________
For Petitioner : Mr. Jeet Ram Patel, Advocate
For Respondents/State : Mr. Rishabh Dev Singh, P.L.
Hon'ble Shri Justice Parth Prateem Sahu
Order On Board
25/10/2024
1. Heard on I.A. No.1, which is an application for exemption from filing
the typed copy of documents.
Digitally signed
by BALRAM 2. On due consideration I.A. No.1 is allowed and petitioner is exempted
PRASAD
DEWANGAN
Date: 2024.10.26
from filing typed copy of documents.
11:08:02 +0530
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3. Learned counsel for the petitioner submits that husband of petitioner
who stood retired as Work Charged and Contingency Paid Employees,
petitioner is entitled for leave encashment but till date respondents
have not extended the benefit of leave encashment to petitioner.
Identical issue came up for hearing before 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, wherein petitioners have raised
identical issue which was allowed in their favour. He submits that at
this stage, petitioner may be permitted to submit representation in light
of Faguvaram Patel (supra) and respondents be directed to decide
the representation to be submitted by petitioner expeditiously within
specified time.
4. Learned State counsel submits that as petitioner is not pressing this
petition on merits and is only seeking a direction to decide the
representation to be submitted by petitioner/s, at this stage, he is
having no objection.
5. I have heard learned counsel for the parties and perused the
documents available on record.
6. Taking into consideration, the limited prayer made by learned counsel
for the petitioner, this petition is disposed of in light of Faguvaram
Patel (Supra) and the petitioner is at liberty to make representation. In
the event, petitioner submits representation, his claim shall be
considered and decided in accordance with law expeditiously
preferably within a period of three months from the date of receipt of
representation keeping in mind decision in case of Faguvaram Patel
(supra).
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7. Accordingly, this petition is disposed of with aforesaid observations
and directions.
C.C. as per rules.
Sd/-
(Parth Prateem Sahu)
Judge
Balram