1 2025:CGHC:9694 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1441 of 2025 1 - Rishi Ram Sahu S/o Late Jhumuk Lal Aged About 69 Years R/o Ward No. 18, Village- Gujara, District Dhamtari, Chhattisgarh. 2 - Smt. Jamuna Bai W/o Late Ramesh Kumar Aged About 64 Years R/o Village- Mechka, Tahsil Nagri, District Dhamtari, Chhattisgarh. 3 - Jhumuk Lal Sahu S/o Late Sachchu Lal Aged About 67 Years R/o Village- Mechka, Tahsil- Nagri, District Dhamtari, Chhattisgarh. 4 - Bharat Lal Sahu S/o Late Ramsai Sahu Aged About 70 Years R/o Ward No. 20, Bhathapara Charra Tahsil- Kurud, District Dhamtari, Chhattisgarh. 5 - Teeka Ram S/o Late Umend Ram Aged About 62 Years R/o Ward No. 03, Indra Chowk, Village- Chhediya Tahsil Gurur, District Balod, Chhattisgarh. 6 - Bishat Ram Sinha S/o Late Kartik Ram Sinha Aged About 70 Years R/o Arihant Vatika, Rudir Road, Dhamtari, District Dhamtari, Chhattisgarh. 7 - Smt. Jamwanti Bai Sahu W/o Late Ramji Sahu Aged About 70 Years R/o Ward No. 15, School Para, Kujgahan, Tahsil And District Dhamtari, Chhattisgarh. 8 - Kripa Ram Vishwakarma S/o Late Bhuvaneshwar Lal Aged About 73 Years R/o In Front Of Radhaswami Satsang Bhawan, Village- Rudri, Tahsil And District Dhamtari, Chhattisgarh. 9 - Punarad Ram Nishad S/o Late Sewak Ram Nishad Aged About 62 Years R/o Village- Digitally signed by GOPAL SINGH Date: 2025.03.03 19:04:02 +0530 2 Mudpar, Post- Acchota, Tahsil And District Dhamtari, Chhattisgarh. 10 - Jitendra Yadav For Late Mother Smt. Kamleshwari Bai S/o Late Sohan Lal Yadav Aged About 34 Years R/o Ward No. 12, Village Kokadi Para, Gangrel, Tahsil And District Dhamtari, Chhattisgarh. 11 - Jitendra Yadav S/o Late Sohan Lal Dhruv Aged About 34 Years R/o Ward No. 12, Village Kokadi Para, Gangrel, Tahsil And District Dhamtari, Chhattisgarh. 12 - Shankar Lal Sahu S/o Late Manohar Aged About 67 Years R/o Ward No. 02, Village- Bhothali, Tahsil- Kurud, District Dhamtari, Chhattisgarh. ... Petitioners versus 1 - State of Chhattisgarh Through The Secretary, Dept. of Genera Administration, Mantralaya, Mahanadi Bhawan, Naya Raipur, Chhattisgarh. 2 - The Secretary, Dept. of Finance, Mantralaya, Mahanadi Bhawan, Naya Raipur, Chhattisgarh. 3 - The Secretary, Dept of Water Resources Mantralaya, Mahanadi Bhawan, Naya Raipur, Chhattisgarh. 4 - Chief Engineer, Mahanadi Pariyojana, Dept. of Water Resources, Tashil And District Raipur, Chhattisgarh. 5 - Executive Engineer, Water Management Division Rudri, Dhamtari, Chhattisgarh. 6 - Executive Engineer, Mahanadi Water Reserve Project Division Code No. 2, Rudri, Dhamtari, Chhattisgarh. 7 - Executive Engineer, Elec./ Mech., Heavy Machinery Division Mahanadi Water Reserve Project, Rudri, Dhamtari, Chhattisgarh. ... Respondents (Cause title is taken from Case Information System) For Petitioners : Shri N. Naha Roy, Advocate For State/Respondents : Shri Abhishek Gupta, Panel Lawyer 3 Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 25/02/2025 1. By this petition, the petitioners seek the following reliefs: “10.1 Issue an appropriate writ and direct the respondents to ensure the grant of leave encashment to the petitioners as per mandate of the Rules of 1977 and the judicial verdicts settling the issue as such at the earliest. 10.2 Grant any other relief, which is deemed fit in the circumstances of the case.” 2. Learned counsel appearing for the petitioners submits that petitioners No.2, 7, 10 and 11 are legal representatives of the deceased employees. The deceased employees and rest of the petitioners were working as work charged contingency paid employees in the Water Resources Department. Initially, they were employed on temporary basis, thereafter, their services were regularised. After completion of age of superannuation, they retired from the services. The respondents authorities granted pension and gratuity, but, benefit of leave encashment is not granted to the petitioners. It is the claim of the petitioners that in light of the judgment passed by this Court on 30.9.2022 in Writ Petition (S) No.3870 of 2021 (Faguvaram Patel and others v. State of Chhattisgarh and others) and other connected matters, the petitioners are entitled for leave encashment. 3. Learned counsel appearing for the State/respondents submits that sufficient documents have not been filed by the petitioners and it is also not reflected as 4 to whether the deceased employees and rest of the petitioners had completed the minimum period of service to avail the benefit of leave encashment. 4. I have heard the arguments raised on behalf of the parties and perused the documents available. 5. Be that as it may, without commenting anything on merits of the case, the instant writ petition is disposed of giving liberty to the petitioners to make a detailed representation before the concerned respondent/competent authority within a period of 30 days from the date of receipt of a copy of this order with all necessary documents to substantiate their claim. In the event of filing of the representation, on due verification, if the petitioners are found to be similarly situated persons, as in the case of Faguvaram Patel (supra), their claim shall be decided by the respondents authorities in light of the judgment of Faguvaram Patel (supra) expeditiously preferably within a period of 90 days from the date of submission of the said representation. 6. With the aforesaid observations and directions, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) JUDGE Gopal Singh