1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1736 of 2025 1 - Dilbodh Ram S/o Lalan Rajwade Aged About 66 Years Retired Choukidar From Office Of Executive Engineer, Water Resource Division Balrampur, R/o Village- Bhittikala, Tehsil Ambikapur, District- Surguja (C.G.) 2 - Nohar Sai Yadav S/o Jagan Ram Yadav Aged About 64 Years Retired Choukidar From Office Of Executive Engineer, Water Resource Division Balrampur, R/o Villager Rampur, Tehsil- Ambikapur, District- Surguja (C.G.) 3 - Smt. Patangi Bai W/o Late Goverdhan Ram Aged About 55 Years R/o Village Serangdag, P.S. Samri, District- Balrampur-Ramanujganj (C.G.), The Petitioner Is Legal Heirs Of Late Goverdhan Ram Who Retired Choukidar From Office Of Executive Engineer, Water Resource Division Balrampur District- Balrampur-Ramanujganj (C.G.) 4 - Nagarius Kerketta S/o Late Chain Sai Aged About 40 Years R/o Village Bargaon, Tehsil Kusmi, District Surguja (C.G.) The Petitioner Is Legal Heirs Of Late Chain Sai, Retired Choukidar From Office Of Executive Engineer, Water Resource Division Balrampur District- Balrampur-Ramanujganj (C.G.) VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 5 - Dev Say Bargah S/o Gurudayal Bargah Aged About 74 Years Retired Choukidar From Office Of Executive Engineer, Water Resource Division Balrampur, R/o Village Goreyapipar, Tehsil Lakhanpur, District- Surguja (C.G.) 6 - Smt. Balmait Agriya W/o Late Chedeshwar Ram Aged About 46 Years R/o Village Kusmi, Tehsil Kusmi, District- Balrampur- Ramanujganj (C.G.) The Petitioner Is Legal Heirs Of Late Chedeshwar, Retired Choukidar From Office Of Executive Engineer, Water Resource Division Balrampur District Balrampur-Ramanujganj (C.G.) 7 - Smt. Balo Rajwade W/o Late Sukhan Ram Rajwade Aged About 61 Years R/o Village Kanthi, Tehsil Darima, District- Surguja (C.G.), The Petitioner Is Legal Heirs Of Late Sukhan Ram Rajwade, Retired Choukidar From Office Of Executive Engineer, Water Resource Division Balrampur, District- Balrampu-Ramanujganj (C.G.) ... Petitioners versus 1 - State Of Chhattisgarh Through The Secretary, Water Resource Department, Mahanadi Bhawan, Mantralaya, Nawa Raipur, District- Raipur (C.G.) 2 - Chief Engineer Hasdev Ganga Kachhar, Water Resource Department, Ambikapur, District- Surguja (C.G.) 3 - Executive Engineer Water Resource Division Balrampur, District- Balrampur-Ramanujganj (C.G.) ... Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioners :- Mr. Hemant Kesharwani, Advocate For State :- Mr. S.S.Choubey, P.L. ------------------------------------------------------------------------------------------------ 3 SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 11.03.2025 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. 10.2) Any other relief as this Hon'ble Court may be pleased to grant.” 2. Learned counsel for the petitioners submits that petitioners No.1, 2 & 5 are the retired employees and the petitioners No.3,4,6 & 7 are the legal heirs of the deceased retired employees of the respondent department, who were working as class-IV employees in the Water Resources Department. 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 No. 1, 2 & 5 and the deceased retired employees were 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 No. 1, 2 & 5 and the deceased retired employees 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 4 documents available in record. 5. Be that as it may, without commenting anything on the merits, this petition is disposed off 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 No. 1, 2 & 5 and the deceased retired employees 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 representation. 6. Accordingly, this petition stands disposed off with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Vishakha