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2025 DAILYLAW 33246 (CHH)

SMT. FILI v. STATE OF CHHATTISGARH

WPS/7237/2025 · 2025-07-08

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:31557 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7237 of 2025 1 - Smt. Fili Wd/o Late Khutan Sai Aged About 60 Years (Legal Heirs Of Late Khutan Sai) Retired Helper, Executive Engineer Public Works Department (B./r.) Division Surajpur, District Surajpur (C.G.), R/o Village Lamgaon, Tahsil Batouli, District- Surguja (C.G.) 2 - Smt. Sonmatiya Nageshiya D/o Late Kishun Ram Nageshiya Aged About 34 Years (Legal Heris Of Late Kishun Ram Nageshiya) Retired Helper, Executive Engineer Public Works Department (B./r.) Division Ambikapur, District Sarguja, (C.G.), R/o Village Babu Para, Ward No. 33, Tahsil Ambikapur, District- Surguja (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- The Secretary, Department Of Public Works, Mantralaya, Mahanadi Bhawan, New Raipur, District- Raipur (C.G.) 2 - Engineer In Chief Department Of Public Works, Nirman Bhawan, North Block, Naya Raipur (C.G.) 3 - Chief Engineer Public Works Department (B./r.) Ambikapur, District Surguja (C.G.) 4 - Executive Engineer Public Works Department (B./r.) Division Ambikapur District Sarguja (C.G.) 5 - Joint Director Treasury, Account And Pension, Ambikapur, District Surguja (C.G.) ... Respondent(s) ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.07.09 18:44:30 +0530 2 For Petitioner(s) : Mr. Jeet Ram Patel, Advocate. For Respondent(s) : Mr. Santosh Bharat, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 09/07/2025 1. Learned counsel for the petitioners would submit that petitioners are retired employees of the respondents’ Departments and were working as Work Charged Contingency paid employees. It is further submitted that in light of judgment passed by this Court in WPS No. 3870 of 2021 (Faguvaram Patel and others v. State of Chhattisgarh and others) and other connected matters, decided on 30.09.2022, present petitioners are also entitled for leave encashment. 2. Learned State counsel would submit 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 service to avail the benefit of leave encashment. 3. Heard learned counsel for the parties and perused the documents on record. 4. Be that as it may, without commenting anything on merits of the case, this petition is disposed of giving liberty to the petitioners to make a detailed representation before the concerned respondents/competent authority within a period of 30 days from the date of receipt of copy of this order with all necessary documents to substantiate their claim. In that event, on due verification, if the petitioners are found to be similarly situated persons, as in the case of Faguvaram Patel (supra), 3 their claim shall be decided by the respondents in light of judgment passed in that case expeditiously preferably within a period of 90 days from the date of submission of the said representation. 5. Accordingly, the present petition stands disposed of with aforesaid observation and direction. Sd/- (Ravindra Kumar Agrawal) Judge Alok