1 2025:CGHC:10626 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1587 of 2025 1 - Sunil Kumar Shrivastava S/o Late Anjani Prasad Aged About 62 Years R/o Village- Rudri Colony House No.A-29- Rudri, Tahsil And District- Dhamtari Chhattisgarh 2 - Ramdwesh Dhruw S/o Late Sunder Lal Dhruw Aged About 62 Years R/o Village- Mudpaar-Tariyapara - Ward No.07, Post- Achhota, Tahsil And District-Dhamtari Chhattisgarh 3 - Kunti Bai Dhruw W/o Sukhdev Markam Aged About 62 Years R/o Village-Shitlapara Ward No. 15, Gangrel, Tahsil And District- Dhamtari- Chhattisgarh 4 - Duliya Bai Dhruw W/o Late Neheru Dhruw Aged About 71 Years R/o Village- Siraud Khurd, Bazar Kurridh, Ward No. 14, Tahsil Nagari, District- Dhamtari- Chhattisgarh ... Petitioners versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Water Resource, Mantralaya Atal Nagar, New Raipur District- Raipur (C.G.) 2 - The Executive Engineer Water Management Division, Rudri District- Dhamtari- Chhattisgarh 3 - The Executive Engineer Water Resources Department Dhamtari, District- Dhamtari Chhattisgarh 4 - The Joint Director Treasury, Accounts And Pension, Raipur Division, District- Raipur Chhattisgarh ... Respondents (Cause title is taken from Case Information System) Digitally signed by GOPAL SINGH Date: 2025.03.17 18:34:27 +0530 2 For Petitioners : Shri Sanjeev Kumar Sahu, Advocate For State : Ms. Apoorva Tiwari, Panel Lawyer Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 04/03/2025 1. Heard on I.A. No.1 for exemption from filing typed copy of document. On due consideration, I.A. No.1 is allowed and learned counsel for the petitioners is exempted from filing typed copy of the document. 2. By filing this petition, the petitioners have prayed for following reliefs: “10.1 That, this Hon’ble Court may kindly be pleased to issue an appropriate wit, thereby directing the respondent authorities to grant the benefits of leave encashment of 120 days as per the orders dated 16.01.2025 passed by the Hon’ble Court in identical case. Bearing Writ Petition (S) No.403/2025 and other connected writ petition in favour of petitioners, with interest from the date of entitlement to its actual payment. 10.2 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.” 3. Learned counsel for the petitioners submits that the petitioners/husbands of the petitioners were working as work charged contingency paid employees under respondent No.1/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 to the petitioners, but, benefit of leave encashment is not granted to them. 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 3 Chhattisgarh and others) and other connected matters, the petitioners are entitled for leave encashment. 4. 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 to whether the petitioners/husbands of the petitioners have completed the minimum period of service to avail the benefit of leave encashment. 5. I have heard the arguments raised on behalf of the parties and perused the documents available. 6. 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 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. 7. Accordingly, the writ petition stands disposed of with the aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) JUDGE Gopal Singh