1 2025:CGHC:16391 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2357 of 2025 1 - Raghunath Kawadkar S/o Late Shri Krishna Kawadkar Aged About 67 Years Retired Progressman, R/o House No. 6/345, Shanti Nagar, Bilaspur, District- Bilaspur (C.G.) 2 - Jiyauddin Khan S/o Nijuddin Khan Aged About 70 Years R/o Vijaypur, Boirdadar, District- Raigarh (C.G.) 3 - C.M. Gupta S/o Late Parmanand Gupta Aged About 74 Years R/o Vinoba Nagar, Boirdadar, Raigarh, District- Raigarh (C.G.) 4 - Inmati Sahu W/o Late Tirath Ram Sahu Aged About 67 Years R/o Magarpara Road, Near Deva Babu Press, Jarhabhatha, Bilaspur, District- Bilaspur (C.G.) ... Petitioner(s) versus 1 - State of Chhattisgarh Through The Secretary, Water Resources Department, Mantralaya, Atal Nagar, New Raipur, District- Raipur (C.G.) 2 - The Superintending Engineer Water Resources Department, Bilaspur Division, District- Bilaspur (C.G.) AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.04.16 17:54:49 +0530 2 3 - The Executive Engineer (E/m) Light Machinery Nalkup And Gate Division, Bilaspur, District- Bilaspur (C.G.) 4 - The Divisional Joint Director Treasury, Accounts And Pension, Bilaspur, District Bilaspur (C.G.) Respondents (Cause title taken from CIS) For Petitioner(s) : Mr. K.K. Pandey, Advocate For Respondents/State : Mr. Soumitra Kesharwani, Panel Lawyer. Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 8/04/2025 1. Learned counsel for the petitioners submit that the petitioner Nos.1 to 4 retired from service on 31.07.2013, 31.01.2016, 30.09.2011 and 30.04.2013 respectively and as per Rule 33 of Chhattisgarh Civil Service (Leave) Rules 2010, he was entitled to encash the leave not exceeding 300 days, however, the surrender of leave and its encashment has been granted only for 120 days instead of 300 days which was maximum accumulated in his earned leave account and available to the petitioner. 2. Sub-Rule (1) of Rule 33 of Rules, 2019 would be relevant here and is reproduced here for the sake of reference : “33. Leave preparatory to retirement – (1) A government servant may be permitted by the authority competent to grant leave to take leave preparatory to retirement to the extent of earned leave due, not exceeding 300 days together with half pay leave due, subject to condition that such leave extends upto and includes the date of retirement.” 3. The issue as has been raised is not clarified by Annexure P-2 as it 3 only says that the petitioners were entitled to surrender and encash only 120 days whereas the petitioners have claimed that 300 days were available in his earned leave account, for which, he was entitled. The factual aspects are need to be clarified. Therefore, instead of keeping the petition pending, it would be appropriate to dispose of the same. Accordingly, it is directed that the petitioners may file representation before respondents No.3 claiming his earned leave encashment of 300 days within a period of 15 days from the date of receipt of the order and on such representation being filed, the same shall be considered and decided by respondent No.3 within a further period of 3 months by passing a reasoned order clarifying and showing the details as to how many days were accumulated in the earned leave account of the petitioner and how much leave, the petitioners were entitled for encashment. If the petitioners are aggrieved by such order, they shall have liberty to avail appropriate remedy to challenge the same. 4. With the aforesaid direction, the writ petition stands disposed of. SD/- (Bibhu Datta Guru) Judge Amardeep