1 2025:CGHC:10343 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1491 of 2025 1 - Prabhu Ram Kange S/o Late Itvaru Ram Kange Aged About 67 Years R/o. Kanhanpuri, Kanker, District- North Baster, Kanker, (C.G.) 2 - Sanjay Kumar Bhattacharya S/o Late B. C. Bhattacharya Aged About 63 Years R/o. House No.- 324, Bakharupara, Behind Of Mansaorvar Lodge, Narayanpur, District- Narayanpur (C.G.) ... Petitioners versus 1 - State Of Chhattisgarh Through- The Secretary, Water Resource Department, Mahanadi Bhawan, Atal Nagar, New Raipur, District- Raipur (C.G.) 2 - The Executive Engineer Water Resource Department, Division- Kanker, District-North Baster, Kanker, (C.G.) 3 - Treasury Officer Treasury Account And Pension, Kanker, District- North Baster, Kanker (C.G.) ... Respondents For Petitioners : Mr. Somkant Verma, Advocate For State/Respondents : Mr. Akhilesh Kumar, G.A. Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 03.03.2025 1 Heard Mr. Somkant Verma, learned counsel for the petitioners and Mr. Akhilesh Kumar, learned Government Advocate, appearing for the State/respondents. YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.03.05 14:59:52 +0530 2 2 The original employees of the respondent-Department have filed the instant petition with the following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, thereby directing the respondent authorities to consider and grant the benefit of leave encashment to the petitioners as per the order dated 30.09.2022 passed by this Hon’ble court in identical case (Faguvaram Patel & others Vs State of Chhattisgarh), within stipulated. 10.2 Any other relief, which this Hon’ble Court deem fit.” 3 Learned counsel for the petitioners submits that petitioners are the original retired employees of the respondent department, who were worked charged employees working under the respondent department and later, their services have been regularized. 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 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. 3 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 representations, 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 in light of judgment of Faguvaram Patel (supra) expeditiously preferably within the period of ‘90 days’ from the date of submission of the said representations. 7 Accordingly, this writ petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Yogesh