1 2025:CGHC:22703 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3515 of 2025 1 - Rishi Kumar S/o Kalindar Singh, Aged About 62 Years, R/o Village Shiv Chowk Rudri, District Dhamtari Chhattisgarh 2 - Khairunisha Kuraishi W/o Late Basirbakhs Kuraishi, Aged About 62 Years, R/o Village House No. I-35-Bazar Gali Rudri, District Dhamtari Chhattisgarh ... Petitioners versus 1 - State of Chhattisgarh Through The Secretary, Department of Water Resource, Mantralaya Atal Nagar, New Raipur District Raipur (C.G.) 2 - The Executive Engineer, Electrical Engineering Havy Plant Division Mahanadi Reservoir Project, Rudri District Dhamtari Chhattisgarh 3 - The Executive Engineer, Water Resources Department Dhamtari, District Dhamtari Chhattisgarh 4 - The Joint Director, Treasury Accounts and Pension, Raipur Division, Disrict Raipur Chhattisgarh ... Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. Sanjeev Kumar Sahu, Advocate. For State/Respondents : Mr. Akhilesh Kumar, Govt. Advocate. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 09-06-2025 1. Heard Mr. Sanjeev Kumar Sahu, learned counsel for the petitioners as well as Mr. Akhilesh Kumar, learned Govt. Advocate for the State/respondents. Digitally signed by MOHAMMAD AADIL KHAN 2 2. By way of this writ petition, the petitioners have prayed for following reliefs:- “10.1 That, this Hon’ble Court may kindly be pleased to issue an appropriate writ, thereby directing the respondent authorities to grant the benefits of leave encashment of 120 days as per the orders dated 16.01.2025 passed by the Hon’lbe Court in identical case. Bearing Writ Petition (S) No 403/2025 and other connected writ petition in favour of petitioners, with interest from the date of entitlement to its actual payment. 10.2 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.” 3. Learned counsel for the petitioners submits that the petitioner No.1 and husband of petitioner No.2 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 & 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 3 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