1 2025:CGHC:1107 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 106 of 2025 1 - Ganga Prasad Kushwaha S/o Mansai Kushwaha Aged About 68 Years Retired Time Keeper R/o Village Karji, Tahsil- Ambikapur District- Sarguja (C.G.) 2 - Dinesh Kumar Kushwaha S/o Gendaram Kushwaha Aged About 66 Years Retired Time Keeper R/o Village And Post- Karji, Tahsil- Ambikapur District- Sarguja (C.G.) 3 - Mumtaj Ahmad S/o Late Mohammad Ashik Aged About 74 Years Retired Driver R/o Mominpura Ambikapur Tahsil- Ambikapur District Sarguja (C.G.) 4 - Vimal Viswas S/o Late Satyacharan Vishwas Aged About 64 Years R/o Talab Para Madanpur Tahsil-Surajpur, District Sarguja (C.G.) 5 - Mohan Das S/o Sukharam Das Aged About 69 Years Retired Chowkidar, R/o Village- Rajpuri Kalan, Tahsil- Lakhanpur, District- Sarguja (C.G.) 6 - Lardhu Ram S/o Amir Say Aged About 71 Years Retired Chowkidar R/o Village Katkona, Post- Lahpatra Tahsil-Lakhanpur, District- Sarguja (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- The Secretary, Water Resources Department, Mahanadi, Bhawan, Mantralay Nava Raipur District Raipur Digitally signed by RAVI SHANKAR MANDAVI 2 (C.G.) 2 - Engineer In Chief Water Resources Department, Shivnath Bhawan, Narth Block Sector 19 Nava Raipur District Raipur (C.G.) 3 - Chief Engineer Hasdev Ganga Kachar, Water Resources Department Ambikapur District-Sarguja (C.G.) 4 - Executive Engineer Water Resources Division No 01 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) : Mr. Kawaljeet Singh Saini, Panel Lawyer Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 08/01/2025 1. Heard. 2. 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 autorities to grant the benefit of leave encashment. 10.2. Any other relief as this Hon’ble Court may be pleased to grant.” 3. Learned counsel for the petitioners submits that the petitioners are retired employees of the respondent department. The petitioners were worked as work charged/ contingency paid employees in the 3 respondents department and the services of petitioners are governed by Chhattisgarh Irrigation Department, Contingency Paid Employees Recruitment and Conditions of Service Rules. Learned counsel for the petitioners 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. 4. 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. 5. I have heard learned counsel for parties and perused the documents available in record. 6. 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 claim shall be decided by the respondents in light of judgment of Faguvaram Patel (Supra) expeditiously preferably 4 within the period of ‘90 days’ from the date of submission of their said representation. 7. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi