1 2025:CGHC:2172 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 275 of 2025 1. Lakhan Lal Nirmalkar S/o Kritram Aged About 62 Years R/o A2/10, Irrigation Colony, Ward No. 25, Korba, Distt - Korba (C.G.). 2. Hari Ram Yadav S/o Sant Ram Yadav Aged About 62 Years R/o Barpali, Bhaisma, Korba, Distt - Korba (C.G.). 3. Goverdhan Prasad Nirmalkar S/o Nakul Prasad Nirmalkar Aged About 62 Years R/o A1/7d, Irrigation Colony, Darri, Distt - Korba (C.G.). 4. Smt. Shanti Bai Verma W/o Late Kuhuk Ram Verma Aged About 62 Years R/o Ward No. 43, Darri, Jamnipali,, Korba, Distt.- Korba (C.G.) ... Petitioner(s) versus 1. State of Chhattisgarh Through The Secretary, Department Of Water Resource, Mahanadi Bhawan, Naya Raipur, Distt. Raipur (C.G.). 2. The Secretary Department Of General Administration, Mahanadi Bhawan, Naya Raipur, Distt - Raipur (C.G.). Digitally signed by RAGHVENDRA JAT 2 3. The Secretary Department Of Finance, Mahanadi Bhawan, Naya Raipur, Distt - Raipur (C.G.). 4. Engineer-In-Chief Water Resource Department, Shivnath Bhawan, Sector - 19, Naya Raipur, Distt - Raipur (C.G.). 5. Chief Engineer Hasdeo Kachhar, Water Resource Department, Bilaspur, Distt - Bilaspur (C.G.). 6. Chief Engineer Minimata Hasdeo Bango Project, Bilaspur (C.G.). 7. Superintendent Engineer Water Resource Circle, Bilaspur, Distt - Bilaspur (C.G.). 8. Superintendent Engineer Hasdeo Project Circle, Rampur/korba (C.G.). 9. Executive Engineer Water Resource Division, Korba, Distt - Korba (C.G.). 10. Executive Engineer Hasdeo Barrage, Water Management Division, Rampur/korba C.G. ... Respondent(s) For Petitioners : Mr. Avinash Singh, Advocate. For Respondent/State : Ms. Nupur Trivedi, Panel Lawyer. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 14/01/2025 1. 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 by directing the respondent authorities to consider the case of the 3 petitioners for grant of leave encashment and appropriate orders be passed for releasing of leave encashment alongwith interest within two months from the date of order, in the interest of justice. 10.2 Any other relief which this Hon'ble Court may deem fit and proper in favour of the petitioner may kindly be passed. 10.3 Cost of the petition may be awarded.” 2. Learned counsel for the petitioners submits that petitioners are retired employees of the respondent department, petitioner No. 1, 2, 3 & 4 were working as Patra Vahak, Chowkidar, Helper and Helper respectively in the Water Resources Department. He 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. 3. 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 the service to avail the benefit of leave encashment. 4. I have heard learned counsel for parties and perused the documents available in record. 4 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 the said representation. 6. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat