1 2025:CGHC:3059 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 454 of 2025 1 - Goverdhan Das Meshram S/o Late Naradram Meshram Aged About 63 Years Retired Dak Runner Posted At Office Of S.D.O. Jal Sanshadhan Sub Division No. 01 Aadmabad, Water Resources Department, District Balod Chhattisgarh 2 - Hem Lal Rajak S/o Late Tjau Ram Aged About 74 Years Retired Met Posted At Office Of S.D.O. Jal Prabandh Sub Division No. 07 Water Resources Department District Baloda Bazar- Bhathapara Chhattisgarh 3 - Ramu Dhruv S/o Late Chunu Ram Dhruv Aged About 69 Years Retired Labour Posted At Office Of S.D.O. Jal Prabandh Sub Division No. 07 Water Resources Department District Baloda Bazar- Bhathapara Chhattisgarh 4 - Ramadhar Rajak S/o Late Tijau Ram Aged About 65 Years Retired Labour Posted At Office Of S.D.O. Jal Prabandh Sub Division No. 07 Water Resources Department District Baloda Bazar- Bhathapara Chhattisgarh 5 - Smt. Rekha Manikpuri W/o Late Girvar Das Manikpuri Aged About 59 Years R/o Ward No. 57 Urla Baghera Road Ram Nagar Durg District Durg Chhattisgarh Husband Of Petitioner Was Retired Kushal Shayak/ Shikshit Sahayak Posted At Office Of S.D.O. (E And M) Light Machinery Nalkoop And Gate Sub Division Durg Water Resources Department, District Durg Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Water Resources Mahanadi Bhawan, Mantralaya, New Raipur District Raipur Digitally signed by RAVI SHANKAR MANDAVI 2 Chhattisgarh 2 - Engineer In Chief Water Resources, Department, Sihawa Bhawan New Raipur, District Raipur Chhattisgarh 3 - Chief Engineer Mahanadi Godavari Kachhar Department Of Water Resources Raipur District - Raipur Chhattisgarh 4 - Executive Engineer Jal Sanshadhan Division Balod Water Resources Department, District Balod Chhattisgarh 5 - Executive Engineer Jal Prabandh Division No. 02, Water Resources Department District Baloda Bazar-Bhathapara Chhattisgarh 6 - Executive Engineer (E And M) Light Machinery Nalkoop And Gate, Division - Durg, Water Resources Department, District - Durg Chhattisgarh 7 - Joint Director Pension And Account Treasury Department Durg Division, District Durg Chhattisgarh 8 - Joint Director Pension And Account Treasury Department Raipur Division, District Raipur Chhattisgarh ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Ms. Nilu Kumari Singh, Advocate For Respondent(s) : Ms. Akanksha Verma, Panel Lawyer Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 17/01/2025 1. Heard Ms. Nilu Kumari Singh, learned counsel for the petitioners as well as Ms. Akanksha Verma, learned Panel Lawyer for the State/respondent/s. 2. Since the matter is heard and decided finally, therefore, I.A. 3 No.01/2025, which is an application for exemption from filing typed copies of annexure is allowed. 3. 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 allow the writ petition and be pleased to issue an order/direction to the respondents authorities to grant the benefit of leave encashment to the petitioners. 10.2. That, this Hon’ble Court may kindly be call for the records for its kind perusal which relates to petitioner’s matter. 10.3. Any other relief, which this Hon’ble Court may deem fit and proper, may also be passed in favour of the petitioners.” 4. Learned counsel for the petitioners submits that petitioner No. 1 to 4 & husband of petitioner No.5 were working as work charged Contingency Paid Employees in the Water Resources Department. Initially they were employed on temporary basis, thereafter their services were regularized. The petitioner No. 1 to 4 and husband of petitioner No.5 after completion of age of superannuation retired from service. The husband of petitioner No.5 died after retirement. After retirement, the respondent authorities granted pension and gratuity to the petitioners, but benefit of leave encashment has not been granted to them. The rules of payment of leave encashment is governed by the M.P. Work-charged /Contingency Paid Employees Leave Rules 1977, which has been made by erstwhile State of Madhay Pradesh and 4 has been adopted by the state of C.G. under the exercise of power conferred under article 309 of Constitution of India. The petitioners are entitle for benefit of leave encashment as per provision of rule 1977. The respondent authorities denied to grant benefit of leave encashment on account of terms of circular dated 14.09.1992 issued by finance department. Learned counsel for the petitioners 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 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 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. 8. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi