1 2025:CGHC:12278 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1763 of 2025 1 - Ram Singh Gota Dead Through L.H. Ram Bai Gota Aged About 59 Years, W/o Late Ram Singh Gota, R/o House No.-267, Naya Para, Chilhati, Dist.- Kanker (C.G.). 2 - Radheshyam Sahu S/o Asharam Sahu Aged About 65 Years R/o House No.-168, Ward No.-12, Bhanbeda, Dist.- Kanker (C.G.). 3 - Budharam Yadav S/o Mayaram Yadav Aged About 72 Years R/o Makan No.-53, Mohka, Dist.- Kanker (C.G.). 4 - Mehttar Ram Uyke S/o Bahadur Ram Aged About 63 Years R/o House No.-09, Gram - Chichgaon, Ranidongari, Dist.- Kanker (C.G.). 5 - Jay Ram Marar S/o Dhukhu Ram Marar Aged About 69 Years R/o House No.-37, Sheetlapara Gota, Dist.- Kanker (C.G.). 6 - Jaisingh Marar S/o Dukhu Ram Aged About 66 Years R/o Gram- Ghota, Post- Kulhadkatta, Dist.- Kanker (C.G.). 7 - Sukdev Ram Uykey S/o Pahad Singh Uykey Aged About 63 Years R/o House No.-12, School Para, Ranidongari, Dist.- Kanker (C.G.). Digitally signed by RAGHVENDRA JAT 2 8 - Ram Singh Marar S/o Sukhu Ram Aged About 68 Years R/o Gram- Ghota, Post- Kulhadkatta, Dist.- Kanker (C.G.). 9 - Chait Ram Patel Dead Through L.H. Radha Bai Patel W/o Late Chait Ram Patel, Aged About 60 Years, R/o Ward No.-10, Aavas Para, Ghota, Dist.- Kanker (C.G.). 10 - Santu Ram Patel S/o Bansilal Aged About 69 Years R/o Gram- Ghota, Post- Kulhadkatta, Dist.- Kanker (C.G.). 11 - Vishnu Ram Patel S/o Balsay Aged About 63 Years R/o Gram- Ghota, Post- Kulhadkatta, Dist.- Kanker (C.G.). 12 - Radheshyam Rawat S/o Jaylal Aged About 66 Years R/o Ward No.-4, Aama Para, Dist.- Kanker (C.G.). 13 - Fakir Nishad S/o Chamara Ram Aged About 67 Years R/o Karmoti, Kanker, Dist.- Kanker (C.G.). 14 - Bisan Bai D/o Ghurau Ram Aged About 66 Years R/o Main Road, Ward No.-1, Bhothapara, Dist.- Dhamtari (C.G.). 15 - Santosh Singh Thakur S/o Shiv Singh Thakur Aged About 72 Years R/o House No.-1229, Shahid Chudamani Nayak, Ward No.-12, Fafadih, Raipur, Dist.- Raipur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through - The Chief Secretary, Govt. Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Dist.- Raipur, Chhattisgarh. 3 2 - The Secretary General Administration Department, Govt. Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Dist.- Raipur, Chhattisgarh. 3 - The Secretary Public Works Department, Govt. Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Dist.- Raipur, Chhattisgarh. 4 - The Secretary Department Of Finance Accounts And Treasury, Govt. Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Dist.- Raipur, Chhattisgarh. 5 - The Executive Engineer Public Works Department, Raipur Division, District- Raipur (C.G.). 6 - The Executive Engineer Public Works Department (Building And Road), Kanker Division, District- Uttar Bastar Kanker, Chhattisgarh. 7 - The Executive Engineer Public Works Department, Bhanupratappur Division, District- Uttar Bastar Kanker, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Sharad Mishra, Advocate. For Respondent(s)/State : Mr. Ajit Singh, Government Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 12/03/2025 1. Heard on I.A. No. 01/2025, which is an application for exemption from filing typed copies. 4 2. On due consideration and for the reasons mentioned in the application, I.A. No. 01/2025 is allowed. 3. By way of this writ petition, the petitioners have prayed for following reliefs:- “(i) That, this Hon'ble Court may kindly be pleased to allow the present writ petition preferred by the petitioner and call for the records of the entire case pertaining to the grant of leave encashment and other consequential benefits to the petitioners. (ii) That, this Hon'ble Court may kindly be pleased to direct the Respondents by issuing appropriate writ/order/direction to the Respondents authorities to grant the benefit of leave encashment to work charged and contingency employees on their retirement in accordance with the statutory rules, regulations and circulars issued by the State Government and also on the basis of judgment dated 30-09-2022 passed by this Hon'ble Court in WPS No. 3870/2021. (iii) Alternatively, this Hon'ble Court may kindly be pleased to further direct the respondent authorities to act on the representation submitted by the Petitioners within a reasonable period of time in accordance with the statutory rules and circulars and on the basis of 5 judgment dated 30-09-2022 passed by this Hon'ble Court in WPS No. 3870/2021. (iv) That any other relief which this Hon'ble Court may deem fit and necessary in the interest of justice may kindly be awarded. (v) That. the Cost of the petition may kindly also be awarded to the petitioner.” 4. Learned counsel for the petitioners submits that the husband of petitioner No. 1, husband of petitioner No. 9 and petitioners No. 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14 & 15 were appointed in the work charged establishment of the Public Works Department initially on temporary basis but after 10 years of the service they have become permanent employees of the Work Charged Establishment. 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. 5. 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 petitioner No. 1, husband of petitioner No. 9 and petitioners No. 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14 & 15 have completed the minimum period of the service to avail 6 the benefit of leave encashment. 6. I have heard learned counsel for parties and perused the documents available in record. 7. 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 (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. 8. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat