1 2025:CGHC:10351 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1548 of 2025 1 - Ratan Ram S/o Mansay Aged About 72 Years Retired Chowkidar From Office Of Executive Engineer, Water Resource Division No. 1 Ambikapur, District Sarguja (C.G.) R/o Mahua Tikrapara Bhitthikala Ambikapur, District Sarguja (C.G.) 2 - Mohan Yadav S/o Chamru Ram Aged About 63 Years Retired Camp Attendant From Office Of Executive Engineer E/m Mini Mata Bango Division Machadoli, Katghora, District Sarguja (C.G.) R/o Gandaripara Durgapur, Tehsil Premnagar, District Surajpur (C.G.) 3 - Sushma Nageshiya W/o Late Ram Mangal Ram Aged About 64 Years R/o Village- Katyapara, Tahsil - Samri (Kusami) District- Sarguja (C.G.) The Petitioner Is Lr's Of Deceased Employee Ram Mangal Ram. ... Petitioners versus 1 - State Of Chhattisgarh Through The Secretary, Water Resources Department, Mahanadi Bhawan, Mantralay Nava Raipur District Raipur (C.G.). 2 - Engineer In Chief, Water Resources, Department, Shivnath Bhawan, North Block Sector 19 Nava Raipur District Raipur (C.G.) 3 - Chief Engineer, Hasdev Ganga Kachar, Water Resurces Department Ambikapur District- Sarguja (C.G.) 4 - Executive Engineer, Water Resource Division No. 1 Ambikapur, District Sarguja (C.G.) ... Respondents For Petitioners : Mr. Hemant Kesharwani, Advocate For State/Respondents : Mr. Ajit Singh, G.A. YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.03.05 14:59:50 +0530 2 Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 03.03.2025 1 Heard Mr. Hemant Kesharwani, learned counsel for the petitioners and Mr. Ajit Singh, learned Government Advocate, appearing for the State/respondents. 2 The petitioners No.1 and 2 are original employees of the respondent- Department and petitioner No.3 is widow of employee 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 the direction for the respondent authorities to grant the benefit of leave encashment. 10.2 Any other relief as this Hon’ble Court may be pleased to grant.” 3 Learned counsel for the petitioners submits that petitioners No.1 and 2 are the original retired employees and petitioner No.3 is widow of retired employee 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. 3 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 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