1 2025:CGHC:1429 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 145 of 2025 1 - Kamal Sai S/o Lt. Gaasi Ram Aged About 65 Years R/o Mahal Para, Ward No. 9, Baikunthpur, Distt- Koriya, C.G. 2 - Rasul Mohmmad S/o Lt. Gafur Mohmmad Aged About 69 Years R/o 80 Baghmar, Mahora, Distt.- Koriya, C.G. 3 - Nandlal Sen S/o Lt. Ram Sipahi Sen Aged About 68 Years R/o 73, Bazar Para, P.O. Nagar, Nagar, District- Koriya, C.G. 4 - Ali Mohammad S/o Lt. Gulam Rashul Aged About 67 Years R/o Pradhan Para, Dakai Para, Baikunthpur, District- Koriya, C.G. 5 - Matukdhari Yadav S/o Lt. Shivdas Yadav Aged About 66 Years R/o Ward No. 06, Khutanpara, Baikunthpur, District- Koriya, C.G. 6 - Puran Ram S/o Lt. Bulchoo Ram Aged About 65 Years R/o House No. 33, Khutan Para, Baikunthpur, District- Koriya, C.G. 7 - Main Prasad S/o Lt. Hira Sai Aged About 71 Years R/o Gram Junaapara, Ward No. 05, Junaapara Nagar, District- Koriya, C.G. 8 - Nitin Kumar Chitnis S/o Lt. Madhukar Chitnis Aged About 64 Years R/o House No. 33, Khutan Para, Baikunthpur, District- Koriya, C.G. 9 - Jangbahadur Pandey S/o Lt. Ramdhari Aged About 73 Years R/o Ward No. 08, Dhourapara, Baikunthpur, District- Koriya, C.G. 10 - Uma Kumari Wd/o Lt. Ramvilas Yadav (employee) Aged About 52 Years R/o Khadgawan Kalan, District- Surajpur, C.G. 11 - Fulbai Wd/o Lt. Lalman (employee), Aged About 61 Years R/o Ward No. 0, Sagarpur, Baikunthpur, District- Koriya, C.G. YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.01.09 18:30:41 +0530 2 12 - Ranmat Wd/o Lt. Ramnevaj Sahu (employee) Aged About 62 Years R/o Ward No. 11, Khaada, Mahora, Baikunthpur, District- Koriya, C.G. 13 - Neha Yadav Wd/o Lt. Shiv Prasad Yadav (employee) Aged About 45 Years R/o Ward No. 04, School Para, Amhar, Baikunthpur, District- Koriya, C.G. 14 - Kashi Ram S/o Lt. Suna Ram Aged About 75 Years R/o Khal Para, Majhgawan, Baikunthpur, District- Koriya, C.G. ... Petitioners) versus 1 - State of Chhattisgarh Through The Secretary, Department of Water Resources, Mahanadi Bhawan, Mantralaya, Atal Nagar Naya Raipur, Distt.- Raipur, C.G. 2 - Engineer-In-Chief Water Resource Department, Shivnath Bhawan, Sector 19, Naya Raipur, Distt- Raipur, C.G. 3 - Chief Engineer Water Resource Department, Hasdeo Kachhar, Ambikapur, Distt.- Ambikapur, C.G. 4 - Executive Engineer Water Resource Department, Division Baikunthpur, Distt.- Koriya, C.G. 5 - Divisional Joint Director Fund Account And Pension, Sarguja Division, Distt.- Sarguja, C.G. ... Respondents For Petitioners : Ms. Ankita Shukla, Advocate For Respondents : Ms. Nupur Trivedi, Panel Lawyer Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 09.01.2025 1. Heard Ms. Ankita Shukla, learned counsel for the petitioners and Ms. Nupur Trivedi, appearing for the State/respondents. 3 2. By filing this writ petition, the petitioners have prayed for following relief(s):- “10.1 That, the Hon'ble Court may kindly be pleased to issue an appropriate writ by directing the respondent authorities to consider the case of petitioners for grant of leave encashment and appropriate orders be passed for releasing of leave enacashment along with interest, in the interest of justice. 10.2 Any other relief or reliefs may also be granted to the petitioners which this Hon’ble Court deems fit and proper in the facts and circumstances of the case.” 3. Learned counsel for the petitioners submits that petitioners are retired employees of the respondent department, who was worked as Work-charged/Contingency Paid 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 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. 4 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 writ petition is disposed of giving liberty to the petitioners to make detailed representations 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 within the period of ‘90 days’ from the date of submission of the said representation. 7. Accordingly, this writ petition stands disposed of with aforesaid observations and directions. Sd/- Sd/- (Amitendra Kishore Prasad) Judge Yogesh