1 2025:CGHC:9416 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1411 of 2025 1 - Smt. Ratiyo Bai W/o Late Baliram Painkra Aged About 64 Years R/o Ward No. 6, Maharana Pratap Ward Ambikapur, Tahsil- Ambikapur, Distt. Surguja (C.G.), Petitioner Is Legal Heirs Of Deceased Employee Baliram Painkra, Who Was Retired From OfÏce Of Executive Engineer, E/m Light Machinery, Tube Well And Gate Division, Sakri, Distt. Bilaspur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Water Resources Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nava Raipur, District Raipur (C.G.) 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 Kachhar, Water Resources Department, Bilaspur, District- Bilaspur (C.G.) 4 - Executive Engineer E/m Light Machinery, Tube Well And Gate Division, Sakri, Distt. Bilaspur, (C.G.) SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.02.24 22:50:16 +0530 2 5 - Sub Divisional OfÏcer E/m Light Machinery, Tube Well And Gate Sub Division, Ambikapur, Distt. Surguja (C.G.) ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Hemant Kesharwani, Advocate. For Respondent/State : Shri Saumitra Kesharwani, Panel Lawyer. Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 24.02.2025 1. Heard. 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 encashment.” 3. Learned counsel for the petitioner submits that the petitioner is retired employees of the respondent department. The petitioner was worked as work charged/ contingency paid employees in the respondents department and the services of petitioner is governed by Chhattisgarh Irrigation Department, Contingency Paid Employees Recruitment and Conditions of Service Rules. Learned counsel for the petitioner 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. 3 4. Learned State counsel submits that sufÏcient documents have not been filed by the petitioner and it is also not reflected as to whether the petitioner has 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 petitioner 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 petitioner is found to be similarly situated person, 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 his said representation. 7. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/- (Bibhu Datta Guru) Judge Shoaib