1 2025:CGHC:2180 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 294 of 2025 1 - Mahesh Kumar Sahu S/o Pardeshi Sahu Aged About 68 Years R/o Village Kaserudih, Post Tarighat, Tehsil Rajim, District : Gariyabandh, Chhattisgarh 2 - Jagat Ram Chauhan S/o Labha Ram Chauhan Aged About 71 Years R/o Ward No. 08, Dakbangla, Post Gariyaband, Tehsil Gariyaband, District : Gariyabandh, Chhattisgarh 3 - Smt. D Sapna (Legal Heir) W/o Late D Ramprasad Aged About 41 Years R/o Sidharth Chawk, Tikrapara, Post Tikrapara, District : Raipur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Chief Secretary, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 2 - State Of Chhattisgarh Through The Secretary, General Administration Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 3 - State Of Chhattisgarh Through The Secretary Public Works Department , Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 4 - State Of Chhattisgarh Through The Secretary, Department Of Digitally signed by RAVI SHANKAR MANDAVI 2 Finance, Accounts And Treasury, Govt. Of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 5 - The Executive Engineer, Public Works Department E/ M Division Gariyaband, District : Gariyabandh, Chhattisgarh 6 - The Executive Engineer, National Highways Division 01 Public Works Department, Raipur, District Raipur, Chhattisgarh. ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Mr. Anand Kumar Kujur, Advocate For State/Respondent(s) : Mr. Suyashdahr Badgaiya, Dy. Government Advocate 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: “(i) That this Hon’ble Court may kindly be pleased to call for all the records pertaining to the case. (ii) That, this Hon’ble Court may kindly be pleased to issue writ/order/direction to the respondent authorities to grant the benefits of leave encashment to work charged and contingency employees on their retirement in accordance with the statutory rules, regulations and circulars issued by the respondent authorities and also based on the judgment passed by this Hon'ble Court on 30.09.2022, in WPS No. 3870/2021. (iii) That, this Hon'ble Court may kindly be pleased to issue writ/order/direction to the 3 respondent authorities to take appropriate decision within a reasonable period of time on the requests and representations preferred by the petitioners in accordance with the law and also based on the judgment passed by this Hon'ble Court on 30.09.2022, in WPS No. 3870/2021 to grant the benefits of leave encashment to work charged and contingency employees on their retirement. (iv) That, this Hon'ble Court may kindly be pleased to issue writ/order/direction similar to the order passed in WPS No. 3732/2023 passed on 06.07.2023 to the respondent authorities to immediately process the claim of all similarly placed persons in the light of the aforesaid decision of this High Court on the same subject- matter, within an outer limit of 120 days from the date of the receipt of the copy of the order. (v) That any other relief/order which may be deem fit and just in the facts and circumstances of the case may kindly be granted.” 3. Learned counsel for the petitioners submits that the petitioner No.1, 2 and husband of petitioner No.3 were appointed in the work charged establishment of the Public Works Department initially on temporary basis but after 10 years of the service they were made permanent employees of the Work Charged Establishment of the Public Works Department of the Government of Chhattisgarh. During their services they are getting all the benefits such as; regular pay, dearness allowances, medical allowances, house rent, city compensatory allowances, earned leave, casual leave as revised from time to time. They were also given pension and gratuity etc. on retirement from their service as 4 are admissible to other permanent employees of the comparable status of the regular establishment of the respondent authorities. 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 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 5 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