1 2025:CGHC:11498 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1690 of 2025 1 - Smt. Rajkumari Wd/o Late Sadan Lal Aged About 59 Years R/o Village- Machadoli, Post- Etama Nagar (Machadoli), Tehsil- Podi Uproda District Korba, Chhattisgarh. 2 - Mehendra Pratap Singh S/o Shri Late Shukrawar Singh Aged About 47 Years R/o Village- Machadoli, Post- Etama Nagar (Machadoli), Tehsil- Podi Uproda District Korba, Chhattisgarh. 3 - Uttam Kumar Bansod S/o Veerwal Bansod Aged About 63 Years R/o Village- Machadoli, Post- Etama Nagar (Machadoli), Tehsil- Podi Uproda District Korba, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Water Resource Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh. 2 - Engineer In Chief Water Resources Department, Sihawa Bhawan, New Raipur, District Raipur, Chhattisgarh. Digitally signed by RAGHVENDRA JAT 2 3 - Executive Engineer Minimata Bango Dam, Division No. 3, Machadoli, District Korba, Chhattisgarh. 4 - Executive Engineer, Minimata Bango Dam, Electrical/ Mechanical Division, Machadoli, Head Office- Katghora, District Korba, Chhattisgarh. 5 - Joint Director Treasury, Account And Pension, Bilaspur, District Bilaspur, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. R.K. Verma, Advocate. For Respondent(s) /State : Ms. Poorva Tiwari, Panel Lawyer. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 07/03/2025 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 respondents to grant/disburse the amount of leave encashment to the petitioners with interest, in the interest of the justice. 10.3 That, any other relief which the Hon'ble Court may deemed fit and proper also be granted to the 3 petitioner, in the interest of justice.” 2. Learned counsel for the petitioners submits that the husband of the petitioner No. 1, father of the petitioner No. 2 & petitioner No. 3 were initially appointed on the post of Work Charge Employees as daily wages in respondent Water Resource Department and thereafter, they were regularized and due to superannuation they were retired, they have given some retiral dues except amount of leave encashment. He further 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 has not been filed by the petitioners and it is also not reflected as to whether the husband of the petitioner No. 1, father of the petitioner No. 2 & petitioner No. 3 have completed the minimum period of the 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 4 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 (Supra), his 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 representation. 6. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat