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2025 DAILYLAW 11311 (CHH)

PUSHKAR SINHA v. STATE OF CHHATTISGARH

WPS/1603/2025 · 2025-03-04

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:10533 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1603 of 2025 1 - Pushkar Sinha S/o Shri Gopal Mohan Sinha Aged About 64 Years R/o Krishna Kutir, Road No. 3-G., Pragati Nagar, Rishali, Bhilai, District - Durg (C.G.) 2 - Lachchoo Ram Yadav S/o Shri Dhan Singh Yadav Aged About 77 Years R/o Subhash Nagar, Raja Chowk, Near The House Of Jhallu Sahu Contractor, Durg, District - Durg (C.G.) 3 - Smt. Ahilya Bai Verma W/o Late Shri Than Singh Verma Aged About 68 Years R/o Gaya Nagar, Ward No.-3, House No.-265, Durg, District - Durg (C.G.) 4 - Smt. Ganeshiya Bai Sahu W/o Late Baratiya Ram Sahu Aged About 62 Years R/o Village And Post- Kusmi, Thana- Berla, Tahsil - Berla, District - Durg (C.G.) 5 - Sagun Das Manikpuri S/o Shri Sukrit Das Manikpuri Aged About 72 Years R/o Village And Post- Temri, Police Station- Nandghat, Tahsil- Nawagarh, District - Bemetara (C.G.) 6 - Smt. Kuleshwari W/o Late Shri Parmeshwar Aged About 59 Years R/o Village- Milpara, Utai, Post- Utai, Tahsil- Durg, District - Durg (C.G.) 7 - Pyare Lal Rajput S/o Churaman Singh Rajput Aged About 62 Years R/o Indira Nagar, Baghera Ward No.-55, Durg , District- Durg (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Water Resources Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur, District - Raipur (C.G.) 2 - The Executive Engineer Water Resources Department, Raipur Division, District- Raipur (C.G.) 3 - The Joint Director Treasury Accounts And Pension, Durg Division, District- Durg (C.G.) ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Ms. Khushbu Sahu, Advocate For State/Respondent(s) : Mr. Kawaljeet Singh Saini, Panel Lawyer 2 Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 04/03/2025 1. 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 an appropriate writ, thereby directing the respondent authorities to grant the benefits of leave encashment of 120 days as per the order dated 30.09.2022 and 25.01.2024 passed by Hon’ble Court in W.P.S. No. 3870/2021 and 440/2024 in favour of the petitioners with interest from the date of entitlement to its actual payment. 10.2 That any other relied, which may deemed, fit by this Hon’ble Court just and proper in the facts and circumstances of the case may also be provided in favour of the petitioners.” 2. Learned counsel for the petitioners submits that the petitioners No. 1, 2, 3, 5, 7 and husband of petitioners No. 4 and 6 were work charged contingency paid employees in the respondent department. During their service, the petitioners No. 1, 2, 3, 5, 7 and husband of petitioners No. 4 and 6 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 3. 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. 4. I have heard learned counsel for parties and perused the documents available in record. 5. 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. 6. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Shayna