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2025 DAILYLAW 20307 (CHH)

DWARIKADAS VAISHNAV v. STATE OF CHHATTISGARH

WPS/3020/2025 · 2025-05-01

Shri Bibhu Datta Guru

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Judgment text

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1 2025:CGHC:19814 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2997 of 2025 1 - Maniram S/o Uday Ram Sahu Aged About 70 Years Retired Work Charged Employee, R/o Village Kokdi, Post Pauwara Tehsil Durg, District Durg Chhattisgarh. 2 - Ramhin Bai W/o Maniram Sahu Aged About 67 Years Retired Work Charged Employee, R/o Village Kokdi, Post Pauwara Tehsil Durg, District Durg Chhattisgarh. 3 - Shivkumar Soni S/o Tukaram Aged About 66 Years Retired Work Charged Employee, R/o Ward No. 06, Kayasthpara, Durg, Post Durg, Tehsil Durg, District Durg Chhattisgarh. 4 - Bhagbati Sahu W/o Panchuram Sahu Aged About 69 Years The Retired Work Charged Employee, R/o Village Kokdi, Post Pauwara Tehsil Durg, District Durg Chhattisgarh. 5 - Poshan Sahu S/o Asharam Sahu Aged About 65 Years The Retired SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.05.02 16:25:44 +0530 2 Work Charged Employee, R/o Village Kokdi, Post Pauwara Tehsil Durg, District Durg Chhattisgarh. 6 - Nirmala Bai Sahu (Legal Heir) W/o Late Bharatlal Sahu Aged About 52 Years The Retired Work Charge Employee, R/o Village Birejhar, Post Thanaud, Tehsil Durg, District Durg Chhattisgarh. --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Chief Secretary, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh. 2 - State Of Chhattisgarh Through The Secretary, General Administration Department, Mantralaya Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh. 3 - State Of Chhattisgarh. Through The Secretary, Public Works Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh. 4 - State Of Chhattisgarh Through The Secretary, Department Of Finance, Accounts And Treasury, Govt. Of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh. 3 5 - The Executive Engineer Public Works Department, Division No. 01, Durg, District Durg Chhattisgarh. --- Respondent(s) WPS No. 3015 of 2025 1 - Ganeshram Yadav S/o Late Lakhan Yadav Aged About 62 Years The Work Charged Employee, R/o Ward No. 02, Shivnagar, Near Yuvraj Kirana Store, Post Durg, Tehsil Durg, District Durg Chhattisgarh 2 - Jhagruram Sahu S/o Late Parauram Sahu Aged About 62 Years The Work Charged Employee, R/o Surya Nagar Station Marauda Newai, Post Utai, Tehsil Durg, District Durg Chhattisgarh 3 - Smt. Julekha Bee (Legal Heir) W/o Late Imamat Khan Aged About 66 Years The Widow Of The Work Charged Employee, R/o Village Parpodi, Post Parpodi, Tehsil Saja, District Bemetara Chhattisgarh 4 - Praween Kumar (Legal Heir) S/o Late Udhav Kumar Aged About 32 Years The Son The The Work Charged Employee, R/o Shastrinagar, Near Lalbahadoor Aata Chakki, Ward No. 18, Camp 1, Supela, Bhilai, Tehsil Durg, District Durg Chhattisgarh 5 - Smt. Ram Bai Verma (Legal Heir) W/o Late Mopal Singh Verma Aged About 66 Years The Widow Of The Work Charged Employee, R/o Ward No. 47, Durg, Post Durg, Tehsil Durg, District Durg Chhattisgarh 4 6 - Snt. Sudha Mishra W/o Harish Shankar Mishra Aged About 71 Years The Widow Of The Work Charged Employee, R/o Hig 1/297, Ward No. 49, Village Borsi Durg, Post Durg, Tehsil Durg, District Durg Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Chief Secretary, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Dist. Raipur Chhattisgarh 2 - State Of Chhattisgarh Through The Secretary, General Administration Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Dist. Raipur Chhattisgarh 3 - State Of Chhattisgarh Through The Secretary, Public Works Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Dist. Raipur Chhattisgarh 4 - State Of Chhattisgarh Through The Secretary, Department Of Finance, Accounts And Treasury, Govt. Of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Dist. Raipur Chhattisgarh 5 - The Executive Engineer Public Works Department Division 1 Durg, Dist. Durg, Chhattisgarh 6 - The Executive Engineer Public Works Department, Durg Division, Dist. Durg, Chhattisgarh 5 --- Respondent(s) WPS No. 3020 of 2025 1 - Dwarikadas Vaishnav S/o Bahrudas Vaishnav Aged About 74 Years The Retired Work Charged Employee, R/o Village Ramnagar, Dhangaon Road, Ward No. 14, Dondilohara, Post Dondilohara, Tehsil Dondilohara, District Balod Chhattisgarh. 2 - Ratho Ram Yadav (Legal Heir) S/o Late Durjan Yadav Aged About 72 Years The Husband Of The Work Charged Employee (Smt. Dasho Bai), R/o Village Mohekala, Ward No. 08, Post Mungjhar, Tehsil Devbhog, District Gariyaband Chhattisgarh. 3 - Smt. Shakun Bai Masih (Legal Heir) W/o Late Mangal Masih Aged About 61 Years The Widow Of The Work Charged Employee, R/o Village Sikolabhata, Durg, Post Durg, Tehsil Durg, District Durg Chhattisgarh. 4 - Nakul Ram Sahu S/o Narayan Prasad Aged About 75 Years The Retired Work Charged Employee, R/o Village Batrel, Post Batrel, Tehsil Patan, District Durg Chhattisgarh. 5 - Kamal Narayan Pande S/o Shiv Shahay Pande Aged About 68 Years The Retired Work Charged Employee, R/o Village Gunderdehi, Post Gunderdehi, Tehsil Gunderdehi, District Balod Chhattisgarh. 6 - Smt. Hiramani Sori (Legal Heir) W/o Late Mehtru Ram Sori Aged About 52 Years The Widow Of The Work Charged Employee, R/o Pwd 6 Parisar, Sikolabhata, Durg, Post Durg, Tehsil Durg, District Durg Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Chief Secretary, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh. 2 - State Of Chhattisgarh Through The Secretary, General Administration Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh. 3 - State Of Chhattisgarh Through The Secretary, Public Works Department, Mantralaya Mahanadi Bhawan, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh. 4 - State Of Chhattisgarh Through The Secretary, Department Of Finance Accounts And Treasury, Govt. Of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh. 5 - The Executive Engineer Public Works Department, H /m Division Balod, District Balod Chhattisgarh. 6 - The Executive Engineer Public Works Department, E And M Division Durg, District Durg Chhattisgarh. 7 7 - The Executive Engineer Public Works Department, H /m Division Gariyaband, District Gariyaband Chhattisgarh. --- Respondent(s) WPS No. 3041 of 2025 1 - Jabbar Khan S/o Abdul Sattar Khan Aged About 72 Years A Retired Work Charged Employee, R/o Mahamayapara, Purani Basti, Ward No. 17, Tilda Newra, Post Tilda Newra, Tehsil Tilda Newra, District Raipur, Chhattisgarh. 2 - Triveni Rajput (Legal Heir) W/o Shatruhan Rajput Aged About 67 Years The Widow Of Work Charged Employee, R/o Lal Bahadoor Shastri Ward, Sinchai Colony Patpar, Bhatapara, Post Bhatapara, Tehsil Bhatapara, District : Balodabazar-Bhathapara, Chhattisgarh 3 - Lakhanlal Verma S/o Rameshar Verma Aged About 70 Years A Retired Work Charged Employee, R/o Sinchai Colony, Sheetla Para, Ward No. 11, Silyari Kurud, Post Silyari, Tehsil Dharsiwan, District Raipur, Chhattisgarh. 4 - Smt. Shanti Yadav (Legal Heir) W/o Late Gopal Yadav Aged About 57 Years The Widow Of Work Charged Employee, R/o Balgangadhar Ward, Ward No. 17, Tilda Newra, Post Tilda Newra, Tehsil Tilda Newra, District Raipur, Chhattisgarh. 8 5 - Smt. Kanti Bai Verma (Legal Heir) W/o Late Kishanlal Verma Aged About 50 Years The Widow Of Work Charged Employee, R/o Balgangadhar Tilak Ward, Ward No. 17, Tilda Newra, Post Tilda Newra, Tehsil Tilda Newra, District Raipur, Chhattisgarh. 6 - Smt. Bisahin Nirmalkar (Legal Heir) W/o Late Ledga Nirmalkar Aged About 60 Years The Widow Of Work Charged Employee, R/o Village Malaud, Post Silyari, Tehsil Dharsiwan, District Raipur, Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Chief Secretary, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 2 - State Of Chhattisgarh Through The Secretary, General Administration Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 3 - State Of Chhattisgarh Through The Secretary, Water Resource Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 4 - State Of Chhattisgarh Through The Secretary, Department Of Finance, Accounts And Treasur, Govt. Of Chhattisgarh. Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 9 5 - The Executive Engineer Mahanadi Jalashay Pariyojna Disnet Division 3, Tilda Neora, District Raipur, Chhattisgarh. --- Respondent(s) WPS No. 3043 of 2025 1 - Kanhaiya Lal Purabiya S/o Tijuram Purbiya Aged About 63 Years The Retired Work Charged Employee, R/o Shankar Nagar Ward No. 11, Durg, Post Durg, Tehsil Durg, District Durg Chhattisgarh 2 - Smt. Nilandri Bai (Legal Heir) W/o Late P L Sahu Aged About 75 Years The Widow Of Work Charged Employee, R/o Village Dhaurakot, Post Urmal, Tehsil Deobhog, District Gariyaband Chhattisgarh 3 - Smt. Sushila Bai (Legal Heir) W/o Late Shatruhan Singh Thakur Aged About 55 Years The Widow Of Work Charged Employee, R/o Village Chainganj, Post Gunderdehi, Tehsil Gunderdehi, District Balod Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Chief Secretary, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Dist. Raipur Chhattisgarh 2 - State Of Chhattisgarh Through The Secretary, General Administration Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Dist. Raipur Chhattisgarh 10 3 - State Of Chhattisgarh Through The Secretary, Public Works Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Dist. Raipur Chhattisgarh 4 - State Of Chhattisgarh Through The Secretary, Department Of Finance, Accounts And Treasury, Govt. Of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Dist. Raipur Chhattisgarh 5 - The Executive Engineer Public Works Department, H/m Division Bemetara, Dist. Bemetara Chhattisgarh 6 - The Executive Engineer Public Works Department, H/m Division Gariyaband, Dist. Gariyaband Chhattisgarh 7 - The Executive Engineer Public Works Department, E/m Division Durg, Dist. Durg Chhattisgarh --- Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Anand Kumar Kujur, Advocate. For Respondent(s) : Shri Vinay Pandey,Dy. Advocate General, Shri Sabyasachi Choubey, Shri Kanwaljeet Singh Saini, Shri Risabh Bisen and Ms. Nupur Trivedi Panel Lawyers Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 01.05.2025 1. Since the identical issues involved in the above mentioned writ 11 petitions, they are being heard and decided by this common order. 2. By the present writ petitions, the petitioners are seeking for issuance of an appropriate direction to the Respondent authorities for considering the claims of the Petitioners for grant of leave encashment in terms of the provisions of the Chhattisgarh Work- Charged/Contingency Paid Employees Leave Rules, 1977. 3. According to the Petitioners, they have made their respective claims in the light of the recent decision passed by this Court rendered in W.P.(S) No.3870/2021 (Faguvaram Patel & Others Vs. State of Chhattisgarh & Others) decided on 30.9.2022, wherein similar claim of the Petitioner therein has been allowed. The said decision also stands afÏrmed by the Division Bench in W.A. No.119/2023, decided on 20.6.2023. 4. Given the said facts, the present Writ Petitions are disposed of at this juncture, directing the Respondent Authorities to immediately process the claims of all similarly placed persons herein in the light of the aforesaid decision passed by this Court on the same subject- matter, within an outer limit of 120 days from the date of receipt of a copy of this Order. 5. With the aforesaid direction, the Writ Petitions stand disposed of. SD/- (Bibhu Datta Guru) Judge Shoaib