1 2025:CGHC:1394 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 126 of 2025 1 - Yog Ram Rathour S/o Motiram Rathore Aged About 62 Years R/o Ward No. 6, Rathore Mohalla, Korja, Bilaspur, District Bilaspur Chhattisgarh. 2 - Natthu Singh S/o Anandi Singh Aged About 64 Years R/o Village Piperkhuti, Post Pendraroad, Tehsil Pendraroad, District Gaurela Pendra Marwahi Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Public Works Department (P.W.D.), Mahanadi Bhawan, Nava Raipur, District Raipur Chhattisgarh. 2 - Engineer In Chief Public Works Department (P.W.D.), Atal Nagar Sector 19, Nawa Raipur, District Raipur Chhattisgarh. 3 - Superintendent Engineer Public Works Department (P.W.D.) Bilaspur, District Bilaspur Chhattisgarh. 4 - Chief Engineer Public Works Department (P.W.D.) Bilaspur, District Bilaspur Chhattisgarh. Digitally signed by RAVI SHANKAR MANDAVI 2 5 - Executive Engineer (Pendra Division) Public Works Department (P.W.D.), District Gaurela Pendra Marwahi Chhattisgarh. 6 - Divisional Joint Director Treasury Accounts And Pensions Bilaspur, District Bilaspur Chhattisgarh. ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Mr. Anshuman Shrivastava, Advocate For State/Respondent(s) : Ms. Akanksha Verma, Panel Lawyer Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 09/01/2025 1. Heard. 2. By way of this writ petition, the petitioners have prayed for following reliefs: “10.1.That the Hon'ble Court may kindly be pleased to issue appropriate Writ(s)/Order(s)/Direction(s) to direct the respondents to grant the unpaid amount of leave encashment as per the rules and grant consequential reliefs thereof; 10.2 That the Hon'ble Court may kindly be pleased to issue appropriate Writ(s)/Order(s)/Direction(s) to direct the respondents to grant interest @ 12% per annum on the amount of leave encashment which remained unpaid since the date of retirement of the PETITIONERS; 10.3 Any other relief, which this Hon'ble Court may deem fit and proper according to the facts and circumstances of the case along with the cost of the petition.” 3 3. Learned counsel for the petitioners submits that the petitioner No.1 and 2 were initially worked as Watchman and Casual Labour respectively in the respondent department on collector rate and were paid through work charged and contingency funds. Subsequently, their services were absorbed in the work charged / contingency paid employee establishment only after recommendation of Departmental Selection Committee on completion 10 years of services, as per 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 4 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 their said representation. 7. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi