Manglu Ram Patel Vs State of Chhattisgarh

Mangalmaneechhatriy (Dead) Through L.R(Daughter) Rakhi Baghel W/o Vinod Baghel, Aged About 30 Years R/o Pujari Nagar, Near Marwari Shamshan Ghat, Veerbhadra Nagar, Raipur, Distt. Raipur (Chhattisgarh).

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Ishwari Prasad Patel (Dead) Through L.R Anusuiya Bai Patel W/o Ishwari Patel, Aged About 61 Years R/o Ward No. 5, Bhatgaon (Bhatgaon - 2), Raipur, Khorpa, Distt. Raipur (Chhattisgarh).

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Salik Ram Sahu S/o Dukalu Ram Aged About 68 Years R/o Ward No. 11, Village Kopedih, Kopedih, Raipur, Distt. Raipur (Chhattisgarh).

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Pannu Ram Sahu S/o Dular Sahu Aged About 66 Years R/o H. No. 139, Ward No. 10, Bajrang Chowk, Dhondara, Raipur, Distt. Raipur (Chhattisgarh).

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Padman Lal Sahu S/o Bisram Sahu Aged About 72 Years R/o Bajar Chauk, P.O. Puri, Ward No. 11, Puri, Dhamtari, Distt. Dhamtari (Chhattisgarh).

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Vishnu Ram Sahu S/o Ram Ji Sahu Aged About 71 Years R/o Thakur Dev Chowk, Village Demar, Ward No. 11 (Telnisatti) Telisatti, Demar, Dhamtari Distt. Dhamtari Chhattisgarh.

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Ghana Ram Sahu S/o Gandhi Ram Sahu Aged About 66 Years R/o Gatapara, Post Korra, Gatapara, Dhamtari Distt. Dhamtari (Chhattisgarh).

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Chhannu Ram Sahu S/o Sewak Ram Sahu Aged About 70 Years R/o Ward No. 2 Village Ranwa, Atal Chouk, Tarsiwa, P.O. Tarsiwa, Dhamtari, Distt. Dhamtari (Chhattisgarh)

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... Petitioner(s)

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versus

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State Of Chhattisgarh Through The Chief Secretary, Govt. Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Distt. Raipur Chhattisgarh.

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The Secretary General Administration Department, Govt. Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Distt. Raipur Chhattisgarh.

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The Secretary Water Resource Department, Govt. Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Distt. Raipur Chhattisgarh.

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The Secretary Department Of Finance, Accounts And Treasury, Govt. Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Distt. Raipur Chhattisgarh.

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The Executive Engineer Mahanadi Reservoir Project, Raipur Water Resource Department, Raipur, Distt. Raipur, Chhattisgarh.

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The Executive Engineer Water Resource Management, Water Resource Department, Raipur, Division 1, District- Raipur, Chhattisgarh.

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The Executive Engineer Mahanadi Reservoir Project, Water Resource Department, Distt. Dhamtari, Chhattisgarh.

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The Executive Engineer Water Resource Management, Mahanadi Reservoir Project, Water Resource Department, Division Rudri, District- Dhamtari, Chhattisgarh.

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The Sub-Divisional Officer Abhanpur Canal Project, Water Resource Department, Sub-Division Abhanpur, Distt. Raipur, Chhattisgarh.

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... Respondent(s)

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For Petitioner(s) : Mr. Kaustubh Singh Thakur, Advocate. For Respondent(s)/State : Mr. Ajit Singh, G.A.

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Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board

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27/01/2025

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Heard on I.A. No. 01/2025, which is an application for exemption from filing typed copies.

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On due consideration and for the reasons mentioned in the application, I.A. No. 01/2025 is allowed.

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

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“(i) That, this Hon'ble Court may kindly be pleased to allow the present writ petition preferred by the petitioner and call for the records of the entire case pertaining to the grant of leave encashment and other consequential benefits to the petitioners.

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(ii) That, this Hon'ble Court may kindly be pleased to direct the Respondents by issuing appropriate writ/order/direction to the Respondents authorities to grant the benefit of leave encashment to work-charged and contingency employees on their retirement in accordance with the statutory rules, regulations and

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circulars issued by the State Government and also on the basis of judgment dated 30-09-2022 passed by this Hon'ble Court in WPS No. 3870/2021.

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(iii) Alternatively, this Hon'ble Court may kindly be pleased to further direct the respondent authorities to act on the representation submitted by the Petitioners within a reasonable period of time in accordance with the statutory rules and circulars and on the basis of judgment dated 30-09- 2022 passed by this Hon'ble Court in WPS No. 3870/2021.

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(iv) That any other relief which this Hon'ble Court may deem fit and necessary in the interest of justice may kindly be awarded.

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(v) That the Cost of the petition may kindly also be awarded to the petitioner.”

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Learned counsel for the petitioner fairly submits that he is entitled to get the benefit of leave encashment, however, due to inadvertent mistake some other reliefs have also been claimed and he further submits that the petition may be confined to the relief of leave encashment only.

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Learned counsel for the petitioners submits that the petitioners No. 1, 2, 5, 6, 7, 8, 9 & 10 and father of petitioner No. 3 & husband of petitioner No. 4 are retired employees of the

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respondent department, petitioner No. 1 was working as Labour, petitioner No. 2 was working as Watchman, father of petitioner No. 3 was working as Waterman, husband of petitioner No. 4 was working as Labour, petitioner No. 5 was working as Labour, petitioner No. 6 working as Labour, petitioner No. 7 was working as Labour, Petitioner No. 8 was working as Labour, petitioner No.9 was working as Labour & petitioner No. 10 was working as Site Assistant in the Water Resources Department. He further submits that in the light of judgment passed by this Court in Writ

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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.

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Learned State counsel submits that sufficient documents has not been filed by the petitioners and it is also not reflected as to whether the petitioners No. 1, 2, 5, 6, 7, 8, 9 & 10 and father of petitioner No. 3 & husband of petitioner No. 4 have completed the minimum period of the service to avail the benefit of leave encashment.

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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

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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 (Supra), his 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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(Amitendra Kishore Prasad) Judge

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Raghu Jat

Manglu Ram Patel v. State of Chhattisgarh

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Manglu Ram Patel v. State of Chhattisgarh

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