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

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

What the court decided

AI extract

Outcome

Permission to the petitioner to submit a fresh representation, with a direction that her leave-encashment 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); certified copy as per rules.

Issue for consideration

Whether the petitioner, who stood retired as a Work Charged and Contingency Paid Employee, is entitled to leave encashment which the respondents have not extended, and whether she may be permitted to submit a representation for its decision in light of Faguvaram Patel (supra).

Court's answer

Taking into consideration the limited prayer made by learned counsel for the petitioner (who was not pressing the petition on merits and only sought a direction to decide her representation, to which the State had no objection), the petition is disposed of permitting the petitioner to submit a fresh representation.

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).

Detailed headnote1 paragraphs

Service matter - Leave encashment - Retired work-charged and contingency-paid employee alleged non-extension of leave-encashment benefit by P.H.E. and Treasury authorities. Petition not pressed on merits; counsel sought liberty to submit a representation in light of Faguvaram Patel & Ors. v. State of C.G., W.P.(S) No. 3870 of 2021 (decided 30.09.2022), where the identical issue was allowed. State counsel raised no objection. Held: petition disposed of permitting the petitioner to submit a fresh representation; on such submission her claim shall be considered and decided in accordance with law expeditiously, preferably within three months of receipt, keeping in mind the decision in Faguvaram Patel (supra). (Parth Prateem Sahu, J.; order dated 23/01/2026.)

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2026:CGHC:4123

PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPS No. 782 of 2026

NAFR

Smt. Rukhmani Gharana W/o Shital Singh Aged About 62 Years R/o Sanjay Para, Ward No. 1, Bhanupratappur, District - Kanker (C.G.)

... Petitioner

versus

State Of Chhattisgarh Through Secretary, Department Of Public Health Engineering (P.H.E.), Mahanadi Bhawan, Nava Raipur, District - Raipur, Chhattisgarh

Engineer - In - Chief Department Of Public Health Engineering (P.H.E.) Atal Nagar, Sector 19, Nawa Raipur, Chhattisgarh

Superintendent Engineer Public Health Engineering (P.H.E.), Kondagaon, Circle - Kondagaon, Uttar Bastar, District - Kanker, Chhattisgarh

Executive Engineer Public Health Engineering (P.H.E.) Department Division Kanker, Uttar Bastar, District - Kanker, Chhattisgarh

Divisional Joint Director Treasury Accounts And Pensions Bastar, District - Bastar, Chhattisgarh

Treasury Officer District Treasury Kanker, Uttar Bastar, District - Kanker, Chhattisgarh

... Respondents

For Petitioner : Mr. Akash Shrivastava, Advocate For Respondent-State : Mr. Aditya Tiwari, Panel Lawyer

Hon'ble Shri Parth Prateem Sahu, Judge

ORDER ON BOARD

23/01/2026

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)

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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 Patel (supra) and respondents be directed to decide the representation to be submitted by petitioner expeditiously within specified time.

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

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

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) .

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

Certified copy as per rules.

Sd/-

(Parth Prateem Sahu)

JUDGE

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