1 2025:CGHC:23620 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3698 of 2025 1 - Anil Kumar Kute S/o Late Shri Prahlad Rao Kute Aged About 63 Years, Bhata Gaon Chouk Radhaswami Nagar Raipur, District - Raipur Chhattisgarh 2 - Jhala Ram Verma S/o Late Shri Devshiv Varma Aged About 65 Years 176 Ward No. 22, Tilda Newra Raipur District - Raipur Chhattisgarh ... Petitioners versus 1 - State of Chhattisgarh Through Secretary, Public Health Engineering Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nava Raipur, District - Raipur Chhattisgarh 2 - Engineer In Chief Public Health Engineering Department, Indrawati Bhawan Atal Nagar, Nava Raipur, District - Raipur Chhattisgarh 3 - Superintending Engineer Public Health Engineering, Near Khalsa School Pandri Circle Raipur District - Raipur Chhattisgarh 4 - Executive Engineer P.H.E. Division, Near Khalsa School Pandari - Raipur District - Raipur Chhattisgarh 5 - Director Treasury, Account And Pension Raipur, District - Raipur Chhattisgarh ... Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. Amod Kumar Shrivastava, Advocate. For State/Respondents : Mr. Anmol Sharma, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 12-06-2025 1. Heard Mr. Amod Kumar Shrivastava, learned counsel for the petitioners as well as Mr. Anmol Sharma, learned Panel Lawyer for the State/respondents. 2. By way of this writ petition, the petitioners have prayed for following reliefs:- Digitally signed by MOHAMMAD AADIL KHAN 2 “10.1 Hon’ble Court may kindly be pleased to call for the entire record in respect of amount of leave encashment. 10.2 Hon’ble Court may kindly be pleased to direct respondent authority to pay the amunt of leave encashment with 18% interest from the date of retirement to the petitioners. 10.3 Any other relief may also be granted to the Petitioners which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case. 10.4 That the cost of the Petition be granted” 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 & 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. 3 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