Shri Shivbharosh Ram Vs the State of Chhattisgarh

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2024:CGHC:35737

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 5673 of 2024

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1 - Shri Shivbharosh Ram S/o Late Shri Bhorka Ram Aged About 61 Years Posted As Mali Govt. Polytechnic College, Ambikapur, DisttSurguja (C.G.).

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2 - Shri Ranjeet Singh S/o Late Shri Rambali Singh Aged About 53 Years Posted As Hostel Chowkidar, Govt. Polytechnic College, Ambikapur, Distt- Surguja ( C.G.).

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3 - Shri Khemchand Gupta, S/o Late Shri Murlidhar Gupta Aged About 52 Years Posted As Chowkidar, Govt. Polytechnic College, Ambikapur, Distt- Surguja ( C.G.).

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4 - Shri Vendeswar Prasad S/o Late Shri Kunjbihari Aged About 55 Years Posted As Hamal, Govt. Polytechnic College, Ambikapur, DisttSurguja ( C.G.).

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5 - Shri Atwar Ram S/o Late Deva Ram, Aged About 55 Years Posted As Hamal, Govt. Polytechnic College, Ambikapur, DisttSurguja ( C.G.).

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6 - Shri Prem Sai S/o Late Manjhi Ram, Aged About 59 Years Posted As Chowkidar, Govt. Polytechnic College, Ambikapur, DisttSurguja ( C.G.).

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7 - Shri Kundan Ram S/o Late Tapunath Ram Aged About 50 Years Posted As Chowkidar, Govt. Polytechnic College, Ambikapur, DisttSurguja ( C.G.).

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8 - Shri Ramesh Pratap Singh S/o Late Umrawn Singh Sengar Aged About 59 Years Posted As Hamal, Govt. Polytechnic College, Ambikapur, Distt- Surguja ( C.G.).

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9 - Shri Goverdhan Ram S/o Shri Mansa Ram Aged About 55 Years Posted As Sweeper, Govt. Polytechnic College, Ambikapur, DisttSurguja ( C.G.).

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10 - Shri Rajesh Kumar Diwvedi S/o Shri Rohini Prasad Diwvedi Aged About 53 Years Posted As Mali, Govt. Polytechnic College, Ambikapur, Distt- Surguja ( C.G.).

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11 - Shri Mayank Kumar Malwiya, S/o Late Shri S.K. Malwiya, Aged About 55 Years Posted As Pump Attendant, Govt. Polytechnic College, Ambikapur, Distt- Surguja ( C.G.).

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12 - Shri Permeswar Ram, S/o Late Shri Sarpanch Ram Aged About 52 Years Posted As Hamal, Govt. Polytechnic College, Ambikapur, Distt- Surguja ( C.G.).

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13 - Shri Suraj Ram S/o Late Shri Amrit Lal Aged About 47 Years Posted As Sweeper, Govt. Polytechnic College, Ambikapur, DisttSurguja ( C.G.).

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14 - Smt. Barkha Devi W/o Late Shri Raju Ram Aged About 46 Years Posted As Sweeper, Govt. Polytechnic College, Ambikapur, Distt- Surguja ( C.G.).

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versus

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1 - The State Of Chhattisgarh Through- The Secretary, Skill Development, Employment And Technical Education, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Distt- Raipur, ( C.G.).

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2 - The Director, Directorate Of Technical Education, Indrawati Bhawan, Nawa Raipur, DisttRaipur, ( C.G.).

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3 - The Principal Gov. Polytchnic Collage, Ambikapur, Distt- Surguja, ( C.G.).

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... Respondents

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For Petitioners : Mr. Rahul Mishra, Advocate For Respondent : Mr. Suyashdhar Badgaiya, Dy. G.A.

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Hon'ble Shri Justice Sachin Singh Rajput Order On Board

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12.09.2024

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1. Heard.

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1. Learned counsel for petitioners submits that petitioners stood retired as Work Charged/Contingency Paid Employees. He would further submits that the petitioners are entitled for leave encashment but till date respondents have not extended the benefit of leave encashment to petitioners. He stated that an identical issue has already been come up for hearing before this Court bearing Writ Petition (S)

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No.3870 of 2021 ( Faguvaram Patel & Ors. Vs. State of Chhattisgarh & Ors. ). In the light of Faguvaram (supra) the petitioners have raised identical issue which may be allowed in their favour. He submits that, at this stage, petitioners may be permitted to submit representation before the respondents/ competent authority and respondents/competent authority may be directed to consider and decide the representation of petitioners expeditiously within specific period as fixed by this Court.

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1. Learned State counsel submits that as the petitioners are not pressing this petition on merits and are only seeking a direction to decide the representations to be submitted by petitioners, at this stage, he is having no objection.

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1. I have heard learned counsel for parties and perused the documents available in record.

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1. Taking into consideration the limited prayer made by learned counsel for petitioners, without commenting anything on the merits, this petition is disposed of in light of Faguvaram Patel (Supra) giving liberty to the petitioners to make detailed representation before the concerned respondent/competent authority within the period of ‘15 days’ from the date of receipt of copy of this order. In the event, the petitioners are found to be similarly situated persons, their claim shall be decided by the respondents in accordance with the relevant rules and law expeditiously preferably within the period of ‘ three months ’ from the date of submission of the said representation.

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1. Accordingly, this petition is disposed of with aforesaid observations and directions. All the pending applications are also disposed of.

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C.C. as per rules

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Sd/- (Sachin Singh Rajput) Judge

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Abhigya.S

Shri Shivbharosh Ram v. the State of Chhattisgarh

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Shri Shivbharosh Ram v. the State of Chhattisgarh

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