1 2025:CGHC:9885 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1460 of 2025 1 - Mohammad Qayum Khan S/o Abdul Khalik Aged About 65 Years Retired Time Keeper From Office Of Executive Engineer, Water Resources Division No.-1, Ambikapur, R/o Village - Ward No.-39, Rasulpur, Ambikapur, Tahsil - Ambikapur, District - Surguja (C.G.) 2 - Smt. Biruch Bai W/o Late Kenda Ram Aged About 52 Years R/o Village - Bhandarpara, Tahsil - Ambikapur, District - Surguja (C.G.), Petitioner Is Legal Heirs Of Deceased Employee Kenda Ram, Who Was Retired From Office Of Executive Engineer, Water Resources Division No.-1, Ambikapur 3 - Smt. Shahjahan Firdausi Late Abdul Hamid Aged About 52 Years R/o Ward No.-40, Mominpura, Ambikapur, Tahsil - Ambikapur, District - Surguja (C.G.), The Petitioner Is Legal Heirs Of Deceased Employee Abdul Hamid, Who Was Working In Office Of Executive Engineer, Water Resources Division Balrampur, District - Balrampur-Ramanujganj (C.G.) 4 - Smt. Bifaiya Kerketta W/o Late Ahibaran Kerketta Aged About 54 Years R/o Village - Puta, Darima, Tahsil - Ambikapur, District - Surguja (C.G.), The Petitioner Is Legal Heirs Of Deceased Employee Late Ahibaran, Who Retired From Office Of Executive Engineer, Water Resources Division No.-1, Ambikapur ... Petitioner(s) versus 1 - State Of Chhattisgarh Through - The Secretary, Water Resources Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nava Raipur, District - Raipur (C.G.) RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.02.28 16:38:18 +0530 2 2 - Engineer In Chief Water Resources Department, Shivnath Mandal, North Block, Sector-19, Atal Nagar, Nava Raipur, District - Raipur (C.G.) 3 - Chief Engineer Hasdeo Ganga Kachhar, Water Resources Department, Ambikapur, District - Surguja (C.G.) 4 - Executive Engineer Water Resources Division No.-1, Ambikapur, District - Surguja (C.G.) 5 - Executive Engineer Water Resources Division Balrampur, District - Balrampur-Ramanujganj (C.G.) ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Mr. Bhupendra Shrivas, Advocate For State/Respondent(s) : Mr. Akhilesh Kumar, GA Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 27/02/2025 1. Heard Mr. Bhupendra Shrivas, Advocate appears on behalf of Mr. Hemant Kesharwani, learned counsel for the petitioners as well as Mr. Akhilesh Kumar, learned Government Advocate for State/respondents. 2. By way of this writ petition, the petitioners have prayed for following reliefs: “10.1 That, this Hon’ble Court may kindly be pleased to issue the direction for the respondent authorities to grant the benefit of leave encashement.” 3. Learned counsel for the petitioners submits that the petitioner No.1 and husband of petitioners No.2, 3 and 4 were engaged as 3 Gangman in respondent department and they were granted salary as monthly basis since initial date of appointment under the work charge and contingency paid employees, as per circular issued by state government, the services of petitioners are governed by Chhattisgarh irrigation Department Contingency Paid Employees Recruitment and Conditions of Service Rules and upon attaining age of superannuation the they have been retired from services. The petitioners/deceased employees have attained the age of superannuation and now they have been retired from service. The petitioner and the legal representative of deceased employee who were working under the respondent department and the instant petition is being preferred for a direction to the respondent authorities to consider the case of petitioners for extending the benefits of leave encashment as per provisions of C.G. Work Charged /Contingency Paid Employee Leave Rules 1977, as the petitioners are entitled for benefits of leave encashment, as there is no prohibition in release of leave encashment amounts to petitioners under the Rules, therefore, leave credited in the account of the work charged/contingency paid employees deserved to get encashment. Learned counsel for the petitioners further 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. 4 4. Learned State counsel submits that sufficient documents have not been filed by the petitioners and it is also not reflected as to whether the petitioners have completed the minimum period of service to avail the benefit of leave encashment. 5. I have heard learned counsel for parties and perused the documents available in record. 6. 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 due verification, if the petitioners are found to be similarly situated persons, as in the case of Faguvaram Patel (surpa), their 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 their said representation. 7. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi