Disposed¶23

Smt. Dumani Sardul v. State of Chhattisgarh

Chhattisgarh HC26 Apr 2026WPS/3624/2026

Case brief

AI extract

What is this about?

High Court of Chhattisgarh at Bilaspur; WPS No. 3624 of 2026; leave encashment; Work Charged and Contingency Paid employees; death of employee in service; widow petitioner; fresh representation to be decided within three months; Faguvaram Patel (W.P.(S) No. 3870 of 2021, decided 30.09.2022); petition disposed of; Public Works Department; Judge Parth Prateem Sahu.

What did the court decide?

Petition disposed of permitting the petitioner to submit a fresh representation; her leave encashment claim to 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). ¶23

Smt. Dumani Sardul 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, widow of an employee who died while working as a Work Charged and Contingency Paid employee under the respondent-Department, is entitled to leave encashment benefit which the respondents have not extended to date.

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Court's answer

Taking into consideration the limited prayer of the petitioner, the writ petition is disposed of permitting the petitioner to submit a fresh representation.

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Ratio / Principle

On submission of the representation, the petitioner's leave encashment claim shall be considered and decided in accordance with law expeditiously, preferably within a period of three months from the date of receipt of the representation.

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Key takeaways

The petitioner's claim is to be decided keeping in mind the decision in Faguvaram Patel (supra).ratio¶22

Detailed headnote1 paragraphs

Widow of a deceased Work Charged and Contingency Paid employee of the Public Works Department, Chhattisgarh, approached the High Court stating that her late husband was entitled to leave encashment but the respondents had not extended the benefit. Not pressing the writ petition on merits, she sought only liberty to submit a fresh representation and a direction for its expeditious decision, relying on Faguvaram Patel & Ors. vs. State of C.G., W.P.(S) No. 3870 of 2021 (decided 30.09.2022), wherein an identical issue raised by the petitioners therein had been allowed in their favour. Learned State counsel raised no objection. Disposing of the petition, the Court permitted submission of a fresh representation and directed that the petitioner's claim 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).

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2026:CGHC:19249

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA

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WPS No. 3624 of 2026

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Smt. Dumani Sardul W/o Late Somaru Sardul Aged About 46 Years R/oHouse No.- 179, Ward No.- 20, Baster District- Baster (C.G.)

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... Petitioner

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versus

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

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The Chief Engineer Public Works Department (B And R), Zone- Baster, Jagdalpur, District- Baster (C.G.)

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The Executive Engineer Public Works Department (B And R), North Baster Division No.- 1, Jagdalpur, District- Baster (C.G.)

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... Respondents

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For Petitioner : Mr. Manoj Chauhan, Advocate For Respondent-State : Ms. Apurva Nigam, Panel Lawyer Hon'ble Shri Parth Prateem Sahu, Judge

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ORDER ON BOARD

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27/04/2026

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Learned counsel for the petitioner submits that the husband of petitioner who died while working as Work Charged and Contingency Paid Employees, under respondent-Department, was 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 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

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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. Dumani Sardul v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Smt. Dumani Sardul 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

Procedural history

Parties & counsel

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