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2025 DAILYLAW 35774 (CHH)

SAJIVAN SAHU v. STATE OF CHHATTISGARH

WPS/8226/2025 · 2025-07-20

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8226 of 2025 1 - Sajivan Sahu S/o Bhagirathi Aged About 63 Years R/o Village Gatapara, Tahsil- Kurud District- Dhamtari, Chhattisgarh 2 - Bhaduram Dharuw S/o Dharmu Aged About 67 Years R/o Village- Ward No. 38 Rudri Basti Post- Rudri, Tehsil And District- Dhamtari, Chhattisgarh 3 - Shyam Lal Lohar S/o Bhagi Aged About 63 Years R/o Village- R.S.P. Colony Gangrel, District Dhamtari, Chhattisgarh 4 - Bheshj Kumar Sahu S/o Rampyari Aged About 63 Years R/o Village- Gangrel Post Gangrel, District- Dhamtari (C.G.) 5 - Smt. Manbotin Yadav W/o Late Baldev Aged About 65 Years R/o Village- Kalartarai, Post- Kharenga, District- Dhamtari (C.G.) 6 - Sadhu Ram Dhruw S/o Dharmu Aged About 66 Years R/o Village- Rudri Basti Post- Rudri, Tehsil And District- Dhamtari, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Water Resources Department Mahanadi Bhawan Atal Nagar, Raipur (C.G.) 2 - Engineer In Chief Water Resources Department Raipur, District- Raipur, Chhattisgarh 3 - Chief Engineer Mahanadi Jalasay Pariyojana, Water Resources Department Raipur, District- Raipur (C.G.) 2 4 - Executive Engineer ( E And M) Heavy Machinery Division Mahanadi Jalasay Project Rudri District Dhamtari, Chhattisgarh 5 - Executive Engineer Mahanadi Jalasay Pariyojna, Dam-Division No.- 02, Rudri, District- Dhamtari, Chhattisgarh 6 - Executive Engineer Water Management Division, Rudri, District- Dhamtari, Chhattisgarh 7 - Executive Engineer Water Resources Division Dhamtari District- Dhamtari, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Ayush Kesharwani, on behalf of Mr. Hemant Kesharwani, Advocate. For Respondent(s) : Mr. Keshav Gupta, Govt. Advocate. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 21/07/2025 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 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), 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