Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:10743 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1608 of 2025 1 - Shri Ramdatt Dubey S/o Late Janardan Prasad Dubey Aged About 75 Years R/o- Vill.- Revapur, Post- Sakhaili, Tah.- Darima, Distt.- Sarguja (C.G.) 2 - Ghuranram S/o Late Kashiram Aged About 73 Years R/o - Salka (Patrotola), Post- Lalaptara, Tah.- Lakhnpur, Distt.- Sarguja (C.G.) 3 - Devnath S/o Late Ruram Aged About 70 Years R/o Latori, Post- Jamgala, P.S.- Lakhanpur, Distt.- Sarguja (C.G.) 4 - Shivnathram S/o Late Luriram Aged About 65 Years R/o- Lalpatra, Post- Lalpatra, Tah.- Lakhanpur, Distt.- Sarguja (C.G.)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Secretary, Department Of Water Resources Mahanadi Bhawan, Mantralaya Atal Nagar, Naya Raipur, District- Raipur (C.G.) 2 - Engineer In Chief Water Resource Department Shivnath Bhawan Sector 19, Naya Raipur, Distt.- Raipur (C.G.) 3 - Chief Engineer Water Resource Department Hasdeo, Ganga Kachhar, Ambikapur, Distt.- Ambikapur (C.G.) 4 - Executive Engineer Water Resource Department Division Baikunthpur, Distt.- Koriya (C.G.) 5 - Division Joint Director Fund Account And Pension Sarguja, Division Distt.- Sarguja (C.G.)
... Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Ms. Reena Singh, Advocate For State/Respondent(s) : Mr. Ajit Singh, Government Advocate Hon'ble Shri Justice
Amitendra Kishore Prasad
Order on Board 05/03/2025
1. Heard on I.A. No. 01 of 2025 which is an application for exemption Digitally signed by SHAYNA KADRI
2 from filing typed copy of Annexures. 2. On due consideration of pleadings made in the application and submission made by learned counsel for petitioners, I.A. No. 01 of 2025, application for exemption from filing the typed copy of annexures is allowed. 3. With the consent of parties, case is heard finally. 4. 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 necessary direction to the respondents, to consider the case of the petitioner for grant of leave encashment and may kindly be pleased to pass an appropriate order for release of leave encashment amount within period of three months. 10.2 Any other relief which this Hon’ble Court may deem fit and proper in favour of the petitioner may kindly be passed. 10.3 Cost of the petitioner may kindly be awarded.”
5. Learned counsel for the petitioners submits that petitioners were work charged contingency paid employees in the respondent department.
During their service, they have performed their duties and obligations bestowed upon them with utmost sincerity and to the best of their capabilities with an unblemished service record. 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. 3
6. 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. 7. I have heard learned counsel for parties and perused the documents available in record. 8. 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 claims 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. 9. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/-
(Amitendra Kishore Prasad) Judge Shayna