1 2025:CGHC:3057 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 444 of 2025 1 - Omkar Lal Vishwakarma S/o Shri Vishram Vishwakarma Aged About 65 Years Occupation- Retd. Helper Public Health Engineering Department, Kanker, R/o Kankalinpara, Kanker, District North Baster Kanker, Chhattisgarh. 2 - Pawan Kumar Yadav S/o Shri Narottam Yadav Aged About 65 Years Occupation- Retd. Driver Public Health Engineering Department, Kanker, R/o Ward No. 14, Sankra, Dhamtari, District : Dhamtari, Chhattisgarh 3 - Ramesh Kumar Yadav S/o Shri Ramcharan Yadav Aged About 65 Years Occupation- Retd. Helper Public Health Engineering Department, Kanker, R/o Jhunjhuniypara, Vardebhata Ward, Kanker District North Baster Kanker, Chhattisgarh. 4 - Prem Singh Tekam S/o Shri Mahaveer Tekam Aged About 65 Years Occupation- Retd. Helper Public Health Engineering Department, Kanker, R/o 146, Khalepara, Dhanesara, Kanker District North Baster Kanker, Chhattisgarh. 5 - Lawan Singh Mandavi S/o Shri Chaitram Mandavi Aged About 67 Years Occupation- Retd. Helper Public Health Engineering Department, Kanker, R/o House No. 51, Rice Mill Para, Singarbhat, Kanker District North Baster Kanker, Chhattisgarh. 6 - Nakul Singh Sahu S/o Shri Latkhor Aged About 68 Years Occupation- Retd. Helper Public Health Engineering Department, Kanker, R/o Bewarti, Kanker District North Baster Kanker, Chhattisgarh. Digitally signed by RAVI SHANKAR MANDAVI 2 7 - Ramanand Mishra S/o Shri Mathura Prasad Mishra Aged About 64 Years Occupation- Retd. Helper Public Health Engineering Department, Kanker, R/o Kankalinpara, Kanker District North Baster Kanker, Chhattisgarh. 8 - Chaituram Tekam S/o Shri Jethuram Tekam Aged About 72 Years Occupation- Retd. Helper Public Health Engineering Department, Kanker, R/o Village- Arjuni, Post Govindpur, Kanker District North Baster Kanker, Chhattisgarh. 9 - Smt. Sulochna Bahekar W/o Late Shri Ramesh Kumar Bahekar Aged About 54 Years R/o Dharampura No. 1, Atal Bihari Bajpayi Ward, Jagdalpur, District Baster, Chhattisgarh. 10 - Smt. Sultana Khan W/o Late Shri Sayeed Khan Aged About 48 Years R/o Ricemill Para, Singarbhat, Kanker, District Kanker, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary Public Health Engineering Department, Mantralaya, Mahanadi Bhawan, Capital Complex, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh 2 - Executive Engineer Public Health Engineering Department, Jagdalpur, District Baster, Chhattisgarh. 3 - Assistant Engineer Sub-Division Public Health Engineering Department, Kanker, District North Baster Kanker, Chhattisgarh. 4 - Joint Director Treasury, Accounts And Pension, Division Jagdalpur, District Baster, Chhattisgarh. ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Mr. Sunil Sahu, Advocate For State/Respondent(s) : Mr. Suyashdhar Badgaiya, Dy. Government Advocate Hon'ble Shri Justice Amitendra Kishore Prasad 3 Order on Board 17/01/2025 1. Heard Mr. Sunil Sahu, learned counsel for the petitioners as well as Mr. Suyadhdhar Badgaiya, learned Dy. Government Advocate for the State/respondent/s. 2. By way of this writ petition, the petitioners have prayed for following reliefs: “10.1. That this Hon'ble Court may kindly pleased to call for the entire record relates to petitioners for kind perusal of Hon’ble Court. 10.2 That this Hon'ble Court may kindly be pleased to issue an appropriate writ commanding and directing the respondents to release the amount of leave encashment forthwith, with appropriate rate of interest. 10.3 That this Hon'ble Court may kindly be pleased to issue an appropriate writ by commanding and directing the respondents to consider and decide the petitioners claim in light of the Circulars as well as decision of this Honble Court. 10.4 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner together with cost of the petition.” 3. Learned counsel for the petitioners submits that the petitioners are the Worked Charge and Contingency Paid Employee who were served with the Executive Engineer, Public Health Engineering Department Jagdalpur, Distt. Baster (C.G.) and in the office of Assistant Engineer, Sub-Division Public Health Engineering Department Kanker and after completing the age of 4 superannuation they were retired from services in the year 2020 to 2022 and the department has released the certain claims of the petitioner and they were granted the pension as per the Rules 1977. The husband of petitioner No.9 was the Govt. employee and he died therefore the petitioner receiving the pension and she filed the case for releasing the benefit of leave enacashment in her favor and similarly the husband of petitioner No.10 was working in the post of Helper in the Health Engineering Department and after completing the age of superannuation i.e. 62 years they retired from the services and died. After superannuation the petitioners are entitled to get the benefits of 120 days leave encashment but the said benefits have not been extended in favour of the petitioners, in illegal, arbitrary and discriminatory manner. 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. 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. 4. I have heard learned counsel for parties and perused the documents available in record. 5 5. 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 their said representation. 6. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi