1 2025:CGHC:22332 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3884 of 2025 1 - Smt. Gauri Bai Patel Wd/o Late Ghasiya Patel Aged About 62 Years By Caste Marar, R/o- Amlipali, Ward No. 05, Durgapali, Raigarh, Distt. Raigarh (C.G.) 2 - Smt. Lachhantin Patel Wd/o Late Nakul Aged About 50 Years Resident Of House No. 35, Amlipara, Durgapali, Raigarh, Distt.- Raigarh (C.G.) 3 - Ghuruwa Patel S/o Late Smt. Shyam Bai Aged About 45 Years R/o- Sarangarh, Godhihari, Distt. Sarangarh-Bilaigarh (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Public Works Department, New Mantralaya, Mahanadi Bhawan New Raipur, District Raipur (C.G.) 2 - State Of Chhattisgarh Through The Secretary, General Administration Department, New Mantralaya, Mahanadi Bhawan New Raipur, District- Raipur (C.G.) 3 - State Of Chhattisgarh Through The Secretary, Finance Department, New Mantralaya, Mahanadi Bhawan New Raipur, District- Raipur (C.G.) 4 - The Engineer-In-Chief Public Works Department, Nirman Bhawan, North Block, Sector- 19, Capital Complex Naya Raipur, Atal Nagar, Raipur (C.G.) 5 - The Superintendent Engineer Public Works Department, Bilaspur Circle, District- Bilaspur (C.G.) 6 - The Executive Engineer Public Works Department, Raigarh Division, District- Raigarh (C.G.) 7 - The Sub-Divisional Officer Public Works Department Sub-Division, Raigarh, District- Raigarh (C.G.) 8 - The Joint Director Treasury Account And Pension, Divisional Office, Bilaspur Division, District- Bilaspur (C.G.) ---- Respondents BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN 2 ____________________________________________________________ For Petitioners : Mr. R.S. Patel, Advocate For Respondents/State : Mr. Rahul Tamaskar, G.A. Hon'ble Shri Justice Parth Prateem Sahu Order On Board 27/05/2025 1. Petitioners have filed this petition seeking following relief (s) :- “10.1 Issue appropriate writ and direct the respondent authorities to Grant Leave Encashment to the petitioner along with an interest @ 24% per annum, in the interest of justice. 10.2 Issue appropriate writ and direct the respondent authorities to decide the representation of the petitioner within 03 months, in the interest of justice. 10.3 Pass an appropriate order or issue writ as deemed fit under the facts and circumstances of the case.” 2. Learned counsel for the petitioners submits that the husband of petitioner No.1 and 2 and mother of petitioner No.3 are retired employees of the respondent department, who were working as Daily Wages Worker in the Public Works Department, are entitled for leave encashment but till date respondents have not extended the benefit of leave encashment to petitioners. He further submits that in light of the judgment passed by this Court in case of Faguvaram Patel & Ors. Vs. State of C.G., in W.P.(S) No. 3870 of 2021 decided on 30.09.2022, the petitioners are entitled for leave encashment. 3. Learned State counsel submits that sufficient documents has not been filed by the petitioners and it is also not reflected as to whether the 3 husband of petitioner No.1 and 2 and mother of petitioner No.3 have completed the minimum period of the service to avail the benefit of leave encashment. 4. I have heard learned counsel for the parties and perused the documents available on 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 representation, on due verification, if the petitioners are found to be similarly situated persons, as in the case of Faguvaram Patel (Supra), 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 the said representation. 6. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/- (Parth Prateem Sahu) Judge Balram