1 2025:CGHC:1668 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 182 of 2025 1 - Mannu Lal Joshi S/o Ram Charan Aged About 78 Years Tube Well Operator R/o Village Ward No. 05 Birtere Tahsil And District- Balod (C.G.) 2 - Smt. Bhemin Bai Sahu W/o Late Rakesh Kumar Sahu Aged About 46 Years R/o Village Baghmara Tahsil And District - Balod (C.G.) 3 - Harish Kumar Sahu S/o Late Nilkanth Sahu Aged About 49 Years R/o Near Om Kiran Store Bimleshwari Colony Durg Tahsil And District - Durg (C.G.) 4 - Bhupendra Kumar Sen S/o Late Kaushal Kumar Sen Aged About 45 Years R/o Ward No. 13 Irrigation Colony Aamapara Durg Tahsil And District - Durg (C.G.) ... Petitioners versus 1 - State of Chhattisgarh Through The Secretary Water Resources Department Mahanadi Bhawan Mantralaya 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 Mahanadi Godawari Kachhar Water Resources Department Raipur District - Raipur (C.G.) 4 - Executive Engineer E/M Light Machinery Tube Well And Gate Division Durg District - Durg (C.G.) ... Respondents YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.01.14 10:36:15 +0530 2 For Petitioners : Mr. Hemant Kesharwani, Advocate For Respondents : Ms. Ayushi Agrawal, Panel Lawyer Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 10.01.2025 1. Heard Mr. Hemant Kesharwani, learned counsel for the petitioners and Ms. Ayushi Agrawal, Panel Lawyer, appearing for the State/respondents. 2. By filing this writ petition, the petitioners have prayed for following relief(s):- “10.1 That, this Hon'ble Court may kindly be pleased to issue the direction for the respondent authorities to 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 petitioners are retired employees of the respondent department, who was worked as Work-charged/Contingency Paid employees in the Water Resources Department. He 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. 3 4. 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. 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 writ petition is disposed of giving liberty to the petitioners to make detailed representations 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 the said representation. 7. Accordingly, this writ petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Yogesh