1 2025:CGHC:3048 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 412 of 2025 1. Dhaneshwar Prasad Verma S/o Shri Maganlal Verma Aged About 62 Years R/o Village House No. 150, Ward No. 19, Bhatapara, Gram Kashi, Post Gujra, District Durg Chhattisgarh. 2. Bhagirathi Mehar S/o Shri Kanwal Singh Mehar Aged About 68 Years R/o Village Selud, Post Selud, Tahsil Patan, District Durg Chhattisgarh. 3. Rajkumar Sahu S/o Shri Jhumuk Sahu Aged About 73 Years R/o Village Dhourabhatha, Post Selud, Durg, District Durg Chhattisgarh. 4. Narhar Yadav S/o Shri Kapur Yadav Aged About 64 Years R/o Village Utai, Near Banshi Kirana Store, Post Utai, Tahsil Patan, District Durg Chhattisgarh. 5. Budhram S/o Shri Itwari Thakur Aged About 71 Years R/o Parewadih, Post Dudera, Tahsil Patan, District Durg Chhattisgarh. 6. Narsingh Patel S/o Shri Heeralal Patel Aged About 62 Years R/o Village Dhanora, Post Hanoud, Tahsil And District Durg Chhattisgarh. 7. Hemlal Yadav S/o Shri Nammu Ram Yadav Aged About 68 Years R/o Village Selud, Post Selud, Tahsil Patan, District Durg Chhattisgarh. Digitally signed by RAGHVENDRA JAT 2 8. Motilal Sahu S/o Shri Bijul Sahu Aged About 67 Years R/o Village Dour Post Selud, Tahsil Patan, District Durg Chhattisgarh. 9. Smt. Ganga Bai Verma W/o Shri Gajanand Verma Aged About 67 Years R/o Village Selud, Post Selud, Tahsil Patan, District Durg Chhattisgarh. 10. Tejram Sahu S/o Shri Ganguram Sahu Aged About 63 Years R/o Village Dour. Post Selud, Tahsil Patan, District Durg Chhattisgarh. 11. Krishn Kumar Sahu S/o Shri Bagas Ram Sahu Aged About 66 Years R/o Village And Post Kanakot, Tahsil Patan, District Durg Chhattisgarh. 12. Smt. Ramshila Bai Yadav W/o Shri Dayaram Yadav Aged About 66 Years R/o Village And Post Selud, Tahsil Patan, District Durg Chhattisgarh. 13. Smt. Jamun Bai Sahu W/o Pyari Ram Sahu Aged About 65 Years R/o Village Selud, Post Selud, Tahsil Patan, District Durg Chhattisgarh. ... Petitioner(s) versus 1. State of Chhattisgarh Through Secretary, Water Resources Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur, District Raipur Chhattisgarh. 2. The Executive Engineer Water Resources Department Raipur Division District Raipur Chhattisgarh. 3. The Joint Director Treasury Accounts And Pension Durg Division, District Durg Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Rustam Sahu, Advocate. For Respondent(s)/ State : Mr. Pratik Tiwari, Panel Lawyer. 3 Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 17/01/2025 1. Heard on I.A. No. 01/2025, which is an application for exemption from filing typed copy and relevant documents. 2. On due consideration and for the reasons mentioned in the application, I.A. No. 01/2025 is allowed. 3. By way of this writ petition, the petitioners have prayed for following reliefs:- “10.1 That the Hon'ble Court may kindly be pleased to issue an appropriate writ, thereby directing the respondent authorities to grant the benefits of leave encashment of 120 days as per the order dated 30/09/2022 and 25/01/2024 passed by the Hon'ble Court in identical case bearing W.P.(S.) No. 3870/2021 and 440/2024 in favour of the petitioners with interest from the date of entitlement to its actual payment. 10.2 That any other relief, which may be deemed, fit by this Hon'ble Court just and proper in the facts and circumstances of the case may also be provided in favour of the petitioners.” 4. Learned counsel for the petitioners submits that petitioners are retired employees of the respondent department, who were working as Class-IV employees in the Water Resources 4 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. 5. 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. 6. I have heard learned counsel for parties and perused the documents available in record. 7. 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. 5 8. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat