1 2025:CGHC:1356 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 100 of 2025 1 - Jagdhari Ram Yadav S/o Late. Mangal Ram Aged About 65 Years Retired Chowkidar R/o Village- Narbadapara, Ambikapur, Tahsil- Ambikapur, District Sarguja, Chhattisgarh. 2 - Mithlesh Kumar Mishra S/o Late Rajkaran Mishra Aged About 66 Years Retired Time Keeper, R/o Village Ambikapur, Tahsil- Ambikapur, District Sarguja, Chhattisgarh. 3 - Bihari Ram S/o Gendu Ram Kewat Aged About 74 Years Retired Time Keeper, R/o Village Salka, Tahsil- Lakhanpur, District Sarguja, Chhattisgarh. 4 - Sukhdeo Choubey S/o Rajkishor Choubey Aged About 70 Years Retired Chowkidar, R/o Village Sontarai, Tahsil- Sitapur, District Sarguja, Chhattisgarh. 5 - Kapil Prasad Gupta S/o Mathura Aged About 70 Years Retired Time Keeper, R/o Village Guturma, Tahsil- Sitapur, District Sarguja, Chhattisgarh. ... Petitioners versus GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.01.10 11:05:25 +0530 2 1 - State Of Chhattisgarh Through The Secretary, Water Resources Department, Mahanadi Bhawan, Mantralay, Nava Raipur, District Raipur, Chhattisgarh. 2 - Engineer In Chief Water Resources Department, Shivnath Bhawan, North Block Sector 19, Nava Raipur, District Raipur, Chhattisgarh. 3 - Chief Engineer Hasdev Ganga Kachhar, Water Resources Department, Ambikapur, District Sarguja, Chhattisgarh. 4 - Executive Engineer Water Resources Division No. 01 Ambikapur, District Sarguja, Chhattisgarh. ... Respondents For Petitioners : Shri Hemant Kesharwani, Advocate. For Respondents/State : Shri Suyashdhar Badgaiya, Dy.G.A. Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 09/01/2025 1. Heard Shri Hemant Kesharwani, learned counsel for the petitioners and Shri Suyashdhar Badgaiya, learned Deputy Government Advocate appearing for the State/respondents. 2. By filing this writ petition, the petitioners have prayed for following relief(s):- 3 “(i)That, this Hon’ble Court may kindly be pleased to issue the direction for the respondent authorities to grant the benefit of leave encashment. (ii)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, who were work charged employees working in Water Resource Department, Ambikapur, District Sarguja. 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. 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 representation before the concerned respondent/competent authority within the period of ‘30 days’ from 4 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/- (Amitendra Kishore Prasad ) JUDGE gouri