1 2025:CGHC:10529 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1601 of 2025 1 - Shiv Kumar S/o Mansay Rajwade Aged About 64 Years Retired Waterman From Office Of Executive Engineer Water Resource Division No. 1 Ambikapur R/o Village Jhumapara Tehsil Ambikapur District - Sarguja (C.G.) 2 - Savitri Devi W/o Late Sahadan Ram Aged About 49 Years R/o Village Jagdishpur Tehsil Ambikapur District - Sarguja (C.G.) The Petitioner Is Legal Heirs Of Deceased Employee Sahadan Ram 3 - Smt. Geeta W/o Jagpal Ram Aged About 49 Years R/o Village Taraju Tehsil Ambikapur District - Sarguja (C.G.) The Petitioner Is Wife Of Deceased Employee Jagpal Ram (Chowkidar) 4 - Smt. Rugmen Bai W/o Dularu Ram Yadav Aged About 45 Years R/o Village Chitabahar Tehsil Ambikapur District - Sarguja (C.G.) The Petitioner Is Wife Of Deceased Employee Dularu Ram 5 - Sambhu Ojha S/o Rameshwar Prasad Ojha Aged About 63 Years Retired Time Keeper From Office Of Executive Engineer Water Resource Division No. 1 Ambikapur R/o Ward No. 20 Kedarpur Tehsil Ambikapur District - Sarguja (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary Water Resource Department Mahanadi Bhawan Atal Nagar Raipur (C.G.) 2 - Engineer In Chief Water Reosurce Department Shivnath Mandal North Block Sector - 19 Atal Nagar Nawa Raipur District - Raipur (C.G.) 3 - Chief Engineer Hasdev Ganga Kachhar Water Resource Department Ambikapur District - Sarguja (C.G.) 4 - Executive Engineer Water Resource Division No. 1 Ambikapur District - Sarguja (C.G.) ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Mr. Hemant Kesharwani, Advocate For State/Respondent(s) : Ms. Akanksha Verma, 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 the direction for the respondent authorities to grant the benefit of leave encashment.” 2. Learned counsel for the petitioners submits that the petitioners No. 1, 5 and husband of petitioners No. 2, 3 and 4 were work charged contingency paid employees in the respondent department. During their service, the Petitioners and husband of petitioners No. 2, 3 and 4 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. Learned State counsel submits that sufficient documents have not been filed by the petitioner 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 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