Disposed¶32

Smt. Nirmala Shrivastav v. State of Chhattisgarh

Service law – Leave encashment

Chhattisgarh HC20 Feb 2025WPS/1343/2025

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Case brief

AI extract

What is this about?

Leave encashment; work-charged contingency paid employees; retired PWD employees Chhattisgarh; representation-based disposal; direction to decide claim per Faguvaram Patel (WPS 3870/2021, dt. 30.09.2022) within 90 days; Single Judge Bibhu Datta Guru; WPS No. 1343 of 2025; decided 21/02/2025.

What did the court decide?

Liberty to the petitioners to make a detailed representation with all necessary documents before the competent authority within 30 days; on due verification, if found similarly situated as in Faguvaram Patel (supra), respondents to decide their leave encashment claim in light of that judgment expeditiously, preferably within 90 days. ¶32

Smt. Nirmala Shrivastav Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners, who retired from service as work-charged/contingency paid employees under the respondent authorities, are entitled to the benefit of leave encashment.

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Court's answer

Without commenting on the merits, the writ petition is disposed of granting the petitioners liberty to make a detailed representation, with all necessary documents, before the concerned respondent/competent authority within 30 days from receipt of a copy of the order.

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Ratio / Principle

On due verification, if the petitioners are found to be similarly situated persons as in the case of Faguvaram Patel (supra), their claim for leave encashment shall be decided by the respondents in light of the judgment in Faguvaram Patel (supra), expeditiously preferably within 90 days from submission of the representation.

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Detailed headnote1 paragraphs

Service law - Leave encashment - Petitioners are family members of deceased retired work-charged/contingency paid employees of the Public Works Department, Chhattisgarh, seeking grant of leave encashment - Petition not pressed on merits; learned State counsel raising no objection to a direction being issued - Held: without commenting on merits, writ petition disposed of with liberty to petitioners to make a detailed representation with all necessary documents before the competent authority within 30 days - On due verification, if petitioners are found similarly situated to the employees in Faguvaram Patel v. State of Chhattisgarh (WPS No. 3870 of 2021, decided 30.09.2022), their claim shall be decided by the respondents in light of that judgment expeditiously, preferably within 90 days of submission of the representation.

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2025:CGHC:9118

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Digitally signed by JYOTI JYOTI SHARMA SHARMA Date: 2025.02.22 13:15:47 +0530

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 1343 of 2025

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1 Smt. Nirmala Shrivastav W/o Late Chandra Kumar Shrivastav Aged About 63 Years R/o- Bandhwapara Pan Center Ke Pass Sarkanda P.S. Sarkanda District Bilaspur (C.G.) Husband Of Petitioner Was Retired Helper Posted At Office Of S.D.O. (E And M) Public Work Department Sub Division Bilaspur District Bilaspur (C.G.)

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2 Smt. Lata Bai Yadav W/o- Late Sahguram Yadav Aged About 58 Years R/o- Ward No. 01 Behind Lanka Complex Yadunandan Nagar Tifra Tahsil And District Bilaspur (C.G.) Husband Of Petitioner Was Retired Vidhyut Sahayak Posted At Office Of S.D.O. (E And M) Public Work Department Sub Division Bilaspur District Bilaspur (C.G.)

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3 Smt. Lata Bai Yadav W/o- Late Sahguram Yadav Aged About 58 Years R/o- Ward No. 01 Behind Lanka Complex Yadunandan Nagar Tifra District Bilaspur (C.G.) Sachin Yadav S/o Late Sahguram Yadav Is Son Of Petitioner Was Retired Vidhyut Paricharak Posted At Office Of S.D.O. (E And M) Public Work Department Sub Division Bilaspur District Bilaspur (C.G.)

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... Petitioner(s)

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versus

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1 State Of Chhattisgarh Through Secretary, Public Works Department Mahanadi Bhawan, Mantralaya, Atal Nagar New Raipur District - Raipur (C.G.)

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2 Engineer In Chief Public Works Department, Sihawa Bhawan New Raipur, District- Raipur (C.G.)

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3 Chief Engineer Public Works Department Bilaspur Range District - Bilaspur (C.G.)

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4 Executive Engineer (E And M) Public Works Department Bilaspur Division District Bilaspur (C.G.)

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5 Joint Director Pension, Account And Treasury Department, Bilaspur Division, District Bilaspur (C.G.)

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... Respondent(s) For Petitioner : Shri F.S. Khare, Advocate. For Respondents/State : Shri Suyashdhar, Dy. G.A.

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Hon'ble Justice Shri Bibhu Datta Guru

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Order on Board

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21/02/2025

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By way of this writ petition, the petitioner has prayed for following reliefs:

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10.1 That this Hon’ble Curt may kindly be pleased to allow the writ petition and be pleased to issue an order/direction to the

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respondent authorities to grant the benefit of leave encashment to the petitioners.

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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 petitioners.”

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Learned counsel for the petitioners submit that petitioners were working as “work charged Contingency Paid Employees” under the respondent authorities and after completion of age of superannuation they have retired from their services but till date the respondents have not extended the benefit of leave encashment to petitioners. He submits that in the light of judgment passed by this Court in Writ Petition (S) No.3870 of 2021 (Faguvaram Patel & Ors. Vs. State of Chhattisgarh & Ors.) and other connected matters decided on 30.09.2022, the petitioners are entitled for leave encashment and respondent authorities be directed to consider the matter of the petitioners expeditiously within specified time.

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Learned State counsel submits that as the petitioners are not pressing this petition on merits and are only seeking a direction to decide the issue for grant of leave encashment, at this stage, she is having no objection.

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

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Be that as it may, without commenting anything on the merits, this petition is disposed of giving liberty to the petitioners to make detailed representation before the concerned respondent/competent authority within the period of '30 days' from the date of receipt of copy of this order with all necessary documents to substantiate their claim. In the event of filing of representation, on due verification, if the petitioners are found to be similarly situated persons, as in the case of Faguvaram Patel (surpa), their claim shall be decided by the respondents in light of judgment of Faguvaram Patel (Supra) expeditiously preferably within the period of '90 days' from the date of submission of the said representation.

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Accordingly, this petition stands disposed of with aforesaid observations and directions.

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SD/-

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(Bibhu Datta Guru) Judge

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Jyoti

Smt. Nirmala Shrivastav v. State of Chhattisgarh

Case brief

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Smt. Nirmala Shrivastav v. State of Chhattisgarh

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