Retired Work Charged/Contingency Paid Employee filed WPS seeking leave encashment directed under previous precedent. Court allowed petition by directing relevant authorities to consider representation within 15 days and decide claim within three months.
Mapped to filing representation and decision claim within 3 months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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2024:CGHC:33414
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 5272 of 2024
1 - Bhurwa Ram Dhimar S/o Jagat Ram Dhimar Aged About 70 Years R/o Sarkhon, District Janjgir-Champa, (C.G.)
... petitioner versus 1 - State Of Chhattisgarh Through Chief Secretary, Atal Nagar, Nava Raipur, District Raipur, (C.G.) 2 - Engineer-In-Chief Water Resources Department, Sihawa Bhawan, Nava Raipur, District Raipur, (C.G.) 3 - Superintending Engineer Public Works Department, Division Bilaspur, Near Collector Office, Bilaspur, District Bilaspur (C.G.) 4 - Executive Engineer Public Works Department, Division Champa, District JanjgirChampa (C.G.) 5 - Sub Divisional Officer Public Works Department, Sub Division Janjgir, District JanjgirChampa, (C.G.) 6 - Joint Director Pension, Accounts And Treasury Department, Bilaspur Division, District Bilaspur, (C.G.) ... Respondents
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For petitioner : Mr. Aman Tamboli, Advocate For Respondent : Mr. Kalpesh Ruparel, Panel Lawyer
Hon'ble Shri Justice Sachin Singh Rajput Order On Board
02.09.2024
10.1. That this Hon'ble Court be pleased to allow the writ petition and be pleased to issue a direction to the respondent authorities to grant the benefit of leave encashment to the petitioner by considering the case of the petitioner in light of the order passed in the matter of Faguvaram Patel and Others vs. State of C.G. in WPS No.3870 of 2021 decided on 30/09/2022, in the interest of justice.
10.2. That, this Hon'ble court may kindly be call for the records for its kind perusal which relates to petitioner's matter.
10.3. Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner.
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Sd/- (Sachin Singh Rajput) Judge
Abhigya.S
3 issues framed by the court
Whether the petitioner, a retired Work Charged/Contingency Paid Employee, is entitled to the benefit of leave encashment under the principles laid down in the Faguvaram Patel decision.
Whether this Court should direct the respondent authorities to consider and decide the petitioner's representation expeditiously.
Whether the petitioner is similarly situated to the parties in the earlier judgment Faguvaram Patel and Others vs. State of C.G.
Colour shows how this judgement treated each authority
Faguvaram Patel and Others vs. State of C.G.Followed¶13
Faguvaram Patel and Others vs. State of C.G. in WPS No.3870 of 2021 decided on 30/09/2022
Bhurwa Ram Dhimar
State Of Chhattisgarh Through Chief Secretary
Engineer-In-Chief Water Resources Department
Superintending Engineer Public Works Department
Executive Engineer Public Works Department
Sub Divisional Officer Public Works Department
Sachin Singh Rajput
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
