1 2025:CGHC:1062 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 55 of 2025 1 - Kamlesh Prasad Jaiswal S/o- Jokhu Prasad Jaiswal Aged About 62 Years R/o- Khadgawan Kalan, PO Khadgaon, District- Surajpur (C.G.) 497223 2 - Bhola Ram Chauhan S/o- Bajrangi Chauhan Aged About 63 Years R/o- Bandhapara, Gram Panchayat- Lepra, Gursiya, District- Korba (C.G.)- 495445 3 - Thakur Ram Sahu S/o Kejaram Sahu Aged About 62 Years R/o- House No. 157, Bajrang Chowk, Etmanagar, Aitama, District- Korba (C.G.)- 495453 4 - Shashidhar Panicker S/o- Keshav Pillai Aged About 62 Years R/o- House No. 111, Machadoli, Lalpur, District-Korba, (C.G.)- 495453 5 - Ramkali Raj W/o- Late Babulal Raj Aged About 59 Years R/o- Ward No. 6, Machadoli, Bango Dam, Lalpur, Poundi-Uproda, District- Korba, (C.G.)-495448 ... Petitioners versus 1 - State of Chhattisgarh Through Secretary, General Administration Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, Tehsil And District- Raipur Chhattisgarh- 492002 2 - State of Chhattisgarh Through Secretary, Water Resource Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, Tehsil And District- Raipur, Chhattisgarh- 492002 YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.01.08 19:09:08 +0530 2 3 - State of Chhattisgarh Through Secretary, Finance Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, Tehsil And District- Raipur, Chhattisgarh-492002 4 - Joint Director Pension And Account Treasury Department, Bilaspur Division, District- Bilaspur, Chhattisgarh. 5 - Engineer In Chief Water Resources Department, Sihawa Bhawan, New Raipur, District- Raipur, Chhattisgarh. 6 - Sub-Divisional Officer E and M Light Machinery Tubewell And Gate Division, Ambikapur District- Ambikapur, Chhattisgarh. 7 - Executive Engineer E and M, Minimata Bango Division, Machadoli, Headquarter-Katghora, District- Korba, Chhattisgarh. ... Respondents For Petitioners : Mr. Pushp Kumar Gupta, Advocate For State/Respondents : Mr. Suyashdhar Badgaiyan, Dy. G.A. Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 08.01.2025 1. Heard Mr. Pushp Kumar Gupta, learned counsel for the petitioner and Mr. Suyashdhar Badgaiyan, learned Deputy Government Advocate, appearing for the State/respondents. 2. By filing this writ petition, the petitioners have prayed for following relief(s):- “10.1 That, the Hon'ble Court may kindly be pleased to issue Writ(s)/Order(s)/Direction(s) calling for the entire records relating to the Petitioners’ case for its kind perusal. 3 10.2 That, the Hon’ble Court may kindly be pleased to issue Writ(s)/Order(s)/Direction(s) declaring the Petitioners entitled for the benefits of leave encashment accruing to them after regularisation of their services. 10.3 That, the Hon’ble Court may kindly be pleased to issue Writ(s)/Order(s)/Direction(s) against the respondent authorities to grant the benefit of leave encashment to the Petitioners. 10.4 Any other Relief(s)/Direction(s)/Order(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the petitioners’ case may be granted in favour of the petitioner in the interest of justice.” 3. Learned counsel for the petitioners submits that petitioners are retired employees of the respondent department, who was worked charged employees working as Tubewell Operator, Pump Operator, Assistant Fitter, Mechanic Grade III and Guard under the Sub-Divisional Officer E and M Light Machinery Tubewell And Gate Division, Ambikapur District- Ambikapur, Chhattisgarh and Executive Engineer, E & M, Minimata Bango Division, Machadoli, Headquarter-Katghora, District Korba (C.G.), respectively. He 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 writ petition is disposed of giving liberty to the petitioners to make detailed representations 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 the said representation. 7. Accordingly, this writ petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Yogesh