1 2025:CGHC:1106 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 103 of 2025 1 - Smt. Rajwanti Bai W/o Late Sujan Singh Aged About 65 Years R/o Village-Kishan Rice Mill Namankala Ambikapur, Tahsil-Ambikapur District Sarguja (C.G.) 2 - Smt. Gulabi Singh W/o Late Chandramukhi Singh Aged About 60 Years R/o Ward No. 17 Kedarpur Ambikapur, Tahsil-Ambikapur District Sarguja (C.G.) 3 - Smt. Devani Bai W/o Laxman Ram Aged About 61 Years R/o Village- Fatehpur Tahsil Ambikapur District Sarguja (C.G.) 4 - Lakhan Matbar S/o Upen Matbar Aged About 65 Years R/o Village Bhagwanpur(Banaras Road) Tasil Ambikapur District Sarguja (C.G.) 5 - Smt., Rukhmani Adhikari W/o Ganesh Chandra Adhikari Aged About 62 Years R/o Village Silfili, Tahsil Surajpur, District Sarguja (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Water Resource Department, Mahanadi Bhawan, Mantratalay Nava Raiput District Raiput (C.G.) 2 - Chief Engineer Hasdeo Kachhar, Water Resources Di Vision Bilaspur, District Bilaspur ( C.G.) 3 - Chief Engineer, Hasdev Kacchar, Water Resoures Divisuion Bilaspur, District Bilaspur (C.G.) Digitally signed by RAVI SHANKAR MANDAVI 2 4 - Executive Engineer E/m Heavy Machinery Division, Water Resources Department, Bilaspur (C.G.) 5 - Executive Engineer E/m Light Machinery Tube Well And Gate Division , Water Resources Division, Bilaspur (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 petitioner No.1 and 4 are retired employees of the respondent department and petitioner No.2, 3 and 5 are widows of employee who were retired from the respondent department. The petitioner No.1 and 4 and husband of petitioner No.2, 3 and 5 were worked as work charged/ contingency paid employees in the respondents 3 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