1 2025:CGHC:2179 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 295 of 2025 1 - Akhtar Ali S/o Late Asgar Ali Aged About 64 Years Retired Truck Driver R/o Ram Mandir Gali Ambikapur Tahsil- Ambikapur District- Sarguja (C.G.) 2 - Ram Sewak S/o Late. Ghuran Rajwade Aged About 69 Years Retired Time Keeper R/o Village Mudesa, Tahsil- Ambikapur District- Sarguja (C.G.) 3 - Smt. Binkun Singh W/o Late Shyama Singh Aged About 60 Years R/o Village Chitvishrampur, Tahsil- Balrampur, District- Balrampur- Ramanujganj (C.G.) 4 - Ram Narayan S/o Dhiran Ram Aged About 71 Years Retired Chowkidar R/o Village Jogi Bandh, Tahsil- Ambikapur, District- Sarguja (C.G.) 5 - Agar Sai S/o Dular Sai Aged About 73 Years Retired Chowkidar R/o Village- Jhagrahi Para Sukhari Tahsil- Ambikapur, District- Sarguja (C.G.) 6 - Motiram S/o Late Dinbandhu Aged About 68 Years Retired Chowkidar R/o Village- Nawapara Khurd, Tahsil- Ambikapur, District- Sarguja (C.G.) 7 - Abrar Ali Ansari S/o Late Asgar Ali Aged About 63 Years Retired Jeep Driver R/o Ram Mandir Road Ambikapur Tahsil- Ambikapur, District- Sarguja (C.G.) 8 - Ram Karan Giri S/o Shobhit Giri Aged About 71 Years Retired Digitally signed by RAVI SHANKAR MANDAVI 2 Chowkidar R/o Village- Shohga Post- Darima Tahsil- Ambikapur, District- Sarguja (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- The Secretary, Water Resources Department, Mahanadi Bhawan, Mantralay Nava Raipur District Raipur (C.G.) 2 - Engineer In Chief Water Resources Department, Shivnath Bhawan, North Block Sector 19 Nava Raipur District Raipur (C.G.) 3 - Chief Engineer Hasdev Ganga Kachhar, Water Resources Department Ambikapur District- Sarguja (C.G.) 4 - Executive Engineer Water Resources Division No 1 Ambikapur District- Sarguja (C.G.) 5 - Executive Engineer Water Resources Division Balrampur District- Balrampur- Ramanujganj (C.G.) ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Mr. Hemant Kesharwani, Advocate For State/Respondent(s) : Mr. Khulesh Sahu, Panel Lawyer Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 14/01/2025 1. Heard. 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 the direction for the respondent authoritative to 3 grant the benefit of leave encashment. 10.2 Any other relief as this Hon’ble Court may be pleased to grant.” 3. Learned counsel for the petitioners submits that the respective petitioners were engaging as daily wager employees in respondents department prior to 1980, their salary were charge in project, they were granted salary as monthly basis since initial date of appointment as daily wager, under the work charge and contingency paid employees, as per circular issued by state government, the services of petitioners are govern by Chhattisgarh irrigation Department Contingency Paid Employees Recruitment and Conditions of Service Rules, 1978. On attaining the age of superannuation, they have been retired from service. As such they were worked as work charged/ contingency paid employees in the respondents department therefore, leave credited in the account of the work charged / contingency paid employees deserved to get encashment. Learned counsel for the petitioners further 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. 4. Learned State counsel submits that sufficient documents have not been filed by the petitioners and it is also not reflected as to 4 whether the petitioners have completed the minimum period of service to avail the benefit of leave encashment. 5. I have heard learned counsel for parties and perused the documents available in record. 6. 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. 7. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi