Smt. Jaymatiya v. State of Chhattisgarh

Chhattisgarh HC9 Mar 2026WPS/2311/2026

Case brief

AI extract

What is this about?

Leave encashment; Work Charged and Contingency Paid Employees; retired Gang Mazdoor; Public Works Department N.H. Division Ambikapur; fresh representation to be decided within three months; reliance on Faguvaram Patel & Ors. v. State of C.G., W.P.(S) No. 3870 of 2021 (decided 30.09.2022); petition disposed of without being pressed on merits; High Court of Chhattisgarh at Bilaspur; Parth Prateem Sahu, Judge; WPS No. 2311 of 2026.

What did the court decide?

Liberty to submit a fresh representation; the petitioner's leave encashment claim to be considered and decided in accordance with law expeditiously, preferably within three months of receipt of the representation, keeping in mind the decision in Faguvaram Patel (supra). ¶¶25

Smt. Jaymatiya Vs State of Chhattisgarh — Chhattisgarh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, who retired as a Work Charged and Contingency Paid Employee, is entitled to the benefit of leave encashment, which the respondents have not extended to her.

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Court's answer

Taking into consideration the limited prayer made by learned counsel for the petitioner (liberty to submit a fresh representation and have it decided), the petition is disposed of permitting the petitioner to submit a fresh representation.

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Ratio / Principle

If the petitioner submits a representation, her claim shall be considered and decided in accordance with law expeditiously, preferably within three months from the date of receipt of the representation, keeping in mind the decision in Faguvaram Patel (supra).

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Detailed headnote1 paragraphs

High Court of Chhattisgarh at Bilaspur — WPS No. 2311 of 2026 — Smt. Jaymatiya v. State of Chhattisgarh & Ors. — decided 10/03/2026 by Parth Prateem Sahu, J. The petitioner, a retired Gang Mazdoor who stood retired as a Work Charged and Contingency Paid Employee of the Public Works Department N.H. Division, Ambikapur, claimed leave encashment benefit which the respondents had not extended. Relying on Faguvaram Patel & Ors. v. State of C.G., W.P.(S) No. 3870 of 2021 (decided 30.09.2022), where an identical issue was allowed, counsel for the petitioner did not press the petition on merits and sought only liberty to submit a fresh representation with a direction for its expeditious decision; learned State counsel had no objection. Held: petition disposed of permitting the petitioner to submit a fresh representation, with a direction that her claim be considered and decided in accordance with law expeditiously, preferably within three months from receipt of the representation, keeping in mind the decision in Faguvaram Patel (supra).

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2026:CGHC:11317

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PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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NAFR

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WPS No. 2311 of 2026

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Smt. Jaymatiya W/o Shri Gol Say Aged About 69 Years Retired Gang Mazdoor, At Executive Engineer, Public Works Department N.H Division Ambikapur, District Surguja, (C.G.), R/o. Village Barbaspur, Tahsil Manendragarh, District- Koriya (Now Manendragarh-Chirmiri-Bharatpur), (C.G.)

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... Petitioner

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versus

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

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Engineer In Chief Department Of Public Works, Nirman Bhawan, North Block, Naya Raipur, (C.G.)

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Chief Engineer Public Works Department N.H. Raipur, District Raipur, (C.G.)

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Executive Engineer Public Works Department N.H. Division Ambikapur, District Surguja, (C.G.)

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Joint Director Treasury, Account And Pension, Ambikapur, District Surguja (C.G.)

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... Respondents

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For Petitioner : Mr. Jeet Ram Patel, Advocate For Respondent-State : Ms. Nupur Trivedi, Panel Lawyer Hon'ble Shri Parth Prateem Sahu, Judge

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ORDER ON BOARD

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10/03/2026

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Learned counsel for the petitioner submits that the petitioner who stood retired as Work Charged and Contingency Paid Employees, is entitled for leave encashment but till date respondents have not extended the benefit of leave encashment to petitioner. Identical issue came up for hearing before this Court in case of Faguvaram Patel & Ors. vs. State of C.G., in W.P.(S) No. 3870 of 2021 decided on 30.09.2022 , wherein petitioners therein have

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raised identical issue which was allowed in their favour. He submits that at this stage, petitioner may be permitted to submit representation in light of Faguvaram Patel (supra) and respondents be directed to decide the representation to be submitted by petitioner expeditiously within specified time.

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Learned State counsel submits that as petitioner is not pressing this petition on merits and is only seeking a direction to decide the representation to be submitted by petitioner, she is having no objection.

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

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Taking into consideration, the limited prayer made by learned counsel for the petitioner, this petition is disposed of permitting petitioner to submit fresh representation. In the event, petitioner submits representation, her claim shall be considered and decided in accordance with law expeditiously preferably within a period of three months from the date of receipt of representation keeping in mind decision in case of Faguvaram Patel (supra) .

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

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Certified copy as per rules.

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Sd/-

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(Parth Prateem Sahu)

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JUDGE

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pwn

Smt. Jaymatiya v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Smt. Jaymatiya v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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