1 2025:CGHC:22704 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3520 of 2025 1 - Kamil Minj S/o Shri Amrit Minj, Aged About 64 Years, R/o Katangjor, Pathalgaon, District- Jashpur (C.G.) 2 - Puni Ram Sidar S/o Shri Nodhi Ram Sidar, Aged About 65 Years, R/o Patrapali, Palidih, Pathalgaon, District- Jashpur (C.G.) ... Petitioners versus 1 - State of Chhattisgarh Through Secretary, Department of Public Health Engineering (P.H.E.), Mahanadi Bhawan, Nava Raipur, District- Raipur, Chhattisgarh 2 – Engineer-In-Chief, Department of Public Health Engineering (P.H.E.) Atal Nagar, Sector 19, Nawa Raipur, Chhattisgarh 3 - Chief Engineer, Public Health Engineering (P.H.E.) Zone- Bilaspur, District- Bilaspur, Chhattisgarh 4 - Superintendent Engineer, Public Health Engineering (P.H.E.), Ambikapur, Circle- Ambikapur, District- Ambikapur, Chhattisgarh 5 - Executive Engineer Korba, Public Health Engineering (P.H.E.) Department Division Jashpur, District- Jashpur, Chhattisgarh 6 - Divisional Joint Director, Treasury Accounts and Pensions Sarguja Circle, Sarguja, District- Sarguja, Chhattisgarh 7 - Treasury Officer, District Treasury Jashpur, District Jashpur, Chhattisgarh ... Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. Akash Shrivastava, Advocate. Digitally signed by MOHAMMAD AADIL KHAN 2 For State/Respondents : Mr. Ajit Singh, Govt. Advocate. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 09-06-2025 1. Heard Mr. Akash Shrivastava, learned counsel for the petitioners as well as Mr. Ajit Singh, learned Govt. Advocate for the State/respondents. 2. By way of this writ petition, the petitioners have prayed for following reliefs:- “1. Issue an appropriate writ/order/direction to the Respondent authorities in accordance with the order dated 30.09.2022, passed in WPS No. 3870/2021, titled as Faguvaram Patel & Ors. Vs. State of Chhattisgarh and Ors. and thereby the Petitioners be granted the leave encashment in the interest of justice. and/ or 2. Costs of the petition. 3. Any other relief as deemed fit by this Hon’ble Court.” 3. Learned counsel for the petitioners submits that the petitioners were working as Class IV employee under the respondent No.1 department and subsequently they were regularized and upon completion age of superannuation, they retired from service. After superannuation, the petitioners are entitled to get the benefits of 120 days leave encashment, but the said benefits have not been extended in favor of petitioners, in an illegal, arbitrary and discriminatory manner. In identical matter bearing Writ petition (S) No. Writ Petition (S) No. 4729/2024 and other connected writ petition, the Hon'ble Court has passed order on 12.08.2024 and the case of petitioners are also identical to the said order. The petitioners have prayed for grant of benefits of leave encashment, but till date the same has not been considered by the respondent authority concerned. 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 & 3 Ors.) and other connected matters decided on 30.09.2022, the petitioners are entitled for leave encashment. 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. I have heard learned counsel for parties and perused the documents available in record. 5. 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 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. 6. Accordingly, this petition stands disposed of with aforesaid observations and direction. Sd/- (Ravindra Kumar Agrawal) Judge Aadil