Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:10741 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1593 of 2025 1 - Mahrang S/o Shri Ghurbigwa Ram Aged About 64 Years Retired Gang Shramik Ardhkushal At Executive Engineer, Public Works Department, Division Jashpur, District - Jashpur (C.G.), R/o Village- Fatehpur, Tahsil- Manora, District - Jashpur (C.G.) 2 - Dumnik Minj S/o Shri Filmon Minj Aged About 65 Years Retired Gang Shramik Akushal At Executive Engineer, Public Works Department, Division Jashpur, District - Jashpur (C.G.), R/o Village - Dumartoli, Tahsil- Manora, District - Jashpur (C.G.)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through - The Secretary, Department Of Public Works, Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District - Raipur (C.G.) 2 - Engineer In Chief Department Of Public Works, Nirman Bhawan, North Block, Naya Raipur (C.G.) 3 - Chief Engineer Public Works Department, Bilaspur Zone, District - Bilaspur (C.G.) 4 - Executive Engineer Public Works Department, Division Jashpur, District - Jashpur (C.G.) 5 - Joint Director Treasury, Account And Pension, Ambikapur, District - Surguja (C.G.)
... Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Mr. Jeet Ram Patel, Advocate For State/Respondent(s) : Mr. Rishabh Bisen, Panel Lawyer Hon'ble Shri Justice
Amitendra Kishore Prasad
Order on Board Digitally signed by SHAYNA KADRI
2 05/03/2025
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 call for the entire records pertaining to the case of the petitioners. 10.2 That this Hon’ble Court may kindly be pleased to direct the respondent authorities to give benefit of leave encashment within stipulated time to the petitioners, in the interest of justice. 10.3 That, any other relief which this Hon’ble Court may deemed fit and proper also be granted to the petitioners, in the interest of justice.”
2. 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.
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. 3
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