Smt. Salma Vs State of Chhattisgarh

¶1

1

¶2

2025:CGHC:10746

¶3

NAFR

¶4

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶5

WPS No. 1616 of 2025

¶6

1 - Smt. Salma W/o Late Shri Salim Khan Aged About 55 Years Occupation - Housewife, R/o Singarbhat, Kanker, Distt. - North Bastar Kanker (C.G.)

¶7

2 - Smt. Rasida Begum W/o Late Shri Nek Mohammad Aged About 70 Years Occupation - Housewife, R/o Sheetlapara, Kanker, Distt.- North Bastar Kanker (C.G.)

¶8

3 - Smt. Lachhantin Yadav W/o Late Shri Dev Singh Yadav Aged About 64 Years Occupation - Housewife, R/o Bhavsingh Nagar, Kanker, Distt.- North Bastar Kanker (C.G.)

¶9

4 - Smt. Kaushilya Yadav W/o Late Shri Budhram Yadav Aged About 53 Years Occupation - Housewife, R/o House No.-155, Juniyapara, Kanker, Distt.- North Bastar Kanker (C.G.)

¶10

5 - Smt. Kunti Yadav W/o Late Shri Raju Yadav Aged About 57 Years Occupation - Housewife, R/o Majhapara Ward, Kanker, Distt.- North Bastar Kanker (C.G.)

¶11

6 - Smt. Usha Bai Bhilotkar W/o Late Shri Anoop Kumar Bhilotkar Aged About 57 Years Occupation - Housewife, R/o Kankalinpara, Kanker, Distt.- North Bastar Kanker (C.G.)

¶12

7 - Smt. Bisni Bai Dhruw W/o Late Shri Shriram Dhruw Aged About 74 Years Occupation - Housewife, R/o Jawahar Ward, Sanjay Nagar, Kanker, Distt.- North Bastar Kanker (C.G.)

¶13

8 - Smt. Sunita Yadav W/o Late Shri Suresh Yadav Aged About 56 Years Occupation - Housewife, R/o Nagar Palika, Kanker, Distt.- North Bastar Kanker (C.G.)

¶14

9 - Smt. Dali Salam W/o Late Shri Babluram Salam Aged About 52 Years Occupation - Work Charged Assistant, Public Health Engineering Department, Kanker, R/o Shivnagar, Kanker, Distt.- North Bastar Kanker (C.G.)

¶15

10 - Smt. Surjotin Mandavi W/o Late Shri Ravi Kumar Mandavi Aged About 53 Years Occupation - Conductor, Public Health Engineering Department, Jagdalpur, R/o Kankalinpara, Kanker, Distt.- North Bastar Kanker (C.G.)

¶16

Digitally signed by SHAYNA KADRI

¶17

2

¶18

11 - Smt. Lata Mangesh Yadav W/o Late Shri Prakash Yadav Aged About 35 Years Occupation - Work Charged Choukidar, Public Health Engineering Department, Kanker, R/o Kankalinpara, Kanker, Distt.- North Bastar Kanker (C.G.)

¶19

... Petitioner(s)

¶20

versus

¶21

1 - State Of Chhattisgarh Through The Secretary, Public Health Engineering Department, Mantralaya, Mahanadi Bhawan, Capital Complex, Atal Nagar, Naya Raipur, Distt.- Raipur (C.G.)

¶22

2 - Executive Engineer Public Health Engineering Department, Jagdalpur, Distt.Bastar (C.G.)

¶23

3 - Assistant Engineer Sub-Division Public Health Engineering Department, Kanker, Distt. - North Bastar Kanker (C.G.)

¶24

4 - Joint Director Treasury Accounts And Pension, Division Jagdalpur, Distt.- Bastar (C.G.)

¶25

... Respondent(s)

¶26

(Cause-title taken from Case Information System)

¶27

For Petitioner(s) : Mr. Rajendra Patel, Advocate

¶28

For State/Respondent(s) : Mr. Abshishek Gupta, Panel Lawyer

¶29

Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board

¶30

05/03/2025

¶31

By way of this writ petition, the petitioners have prayed for following reliefs:

¶32

“10.1. That, this Hon'ble Court may kindly be pleased to call for the entire record relates to petitioners husband for kind perusal of Hon’ble Court.

¶33

10.2 That this Hon’ble Court may kindly be pleased to issue an appropriate writ commanding and directing the respondents to release the amount of leave encashment forthwith, with appropriate rate of interest.

¶34

10.3That this Hon’ble Court may kindly be pleased to issue an appropriate writ by commanding and directing the respondents to consider and decide the petitioners claim in light of the circulars as well as decision of this Hon’ble

¶35

3

¶36

Court.

¶37

10.4 Any other relief, which this Hon’ble Court may deem fit and proper, may also be passed in favour of the petitioners together with cost of the petition.”

¶38

Learned counsel for the petitioners submits that husband of petitioners were work charged contingency paid employees in the respondent department. During their service, they have performed their duties and obligations bestowed upon them with utmost sincerity and to the best of their capabilities with an unblemished service record. 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.

¶39

Learned State counsel submits that sufficient documents have not been filed by the petitioners and it is also not reflected as to whether the husband of petitioners have completed the minimum period of service to avail the benefit of leave encashment.

¶40

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

¶41

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

¶42

4

¶43

due verification, if the petitioners are found to be similarly situated persons, as in the case of Faguvaram Patel (surpa), their claims 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.

¶44

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

¶45

Sd/-

¶46

(Amitendra Kishore Prasad) Judge

¶47

Shayna

Smt. Salma v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Smt. Salma v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Chintamani Choudhari Vs Coal India Ltd.

Pankaj Raja Patel Vs State of Chhattisgarh

Mukesh Sahu Vs State of Chhattisgarh

Mahesh Ram Markam Vs State of Chhattisgarh

Nanaji Chouhan Vs State of Chhattisgarh

Smt. Sabita Aich Vs State of Chhattisgarh