1 2025:CGHC:3058 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 452 of 2025 1 - Ganesh Ram Chandrakar S/o Late Goverdhan Lal Aged About 67 Years Retired Assistant Wire Man Posted At Office Of S.D.O. (E And M) Public Work Department, Mantralaya Sub Division Raipur, District Raipur Chhattisgarh. 2 - Paras Ram Yadav S/o Late Goverdhan Yadav Aged About 65 Years Retired Assistant Wire Man Posted At Office Of S.D.O. (E And M) Public Work Department, Mantralaya Sub Division Raipur, District Raipur Chhattisgarh. 3 - Anand Ram Sahu S/o Late Dasru Ram Sahu Aged About 64 Years Retired Helper Posted At Office Of S.D.O. (E And M) Public Work Department, Workshop Sub Division Raipur, District Raipur Chhattisgarh. 4 - Mukesh Das S/o Late Sant Masih Das Aged About 63 Years Retired Chowkidar, Posted At Office Of S.D.O. (E And M) Public Work Department, Workshop Sub Division Raipur, District Raipur Chhattisgarh. 5 - Rakesh Chandra S/o Late Sant Masih Das Aged About 69 Years Retired Helper, Posted At Office Of S.D.O. (E And M) Public Work Department, Workshop Sub Division Raipur, District Raipur Chhattisgarh. 6 - Ramkrishan Nishad S/o Late Paras Ram Nishad Aged About 66 Years Retired Helper, Posted At Office Of S.D.O. (E And M) Public Work Department, Workshop Sub Division Raipur, District Raipur Chhattisgarh. Digitally signed by RAVI SHANKAR MANDAVI 2 7 - Lakhan Lal Kenwat S/o Late Nakchhed Kenwat Aged About 65 Years Retired Helper, Posted At Office Of S.D.O. (E And M) Public Work Department, Workshop Sub Division Raipur, District Raipur Chhattisgarh. 8 - Onkar Prasad Baghel S/o Late Manrakhan Lal Baghel Aged About 63 Years Retired Vehicle Driver, Posted At Office Of S.D.O. (E And M) Public Work Department, Workshop Sub Division Raipur, District Raipur Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Public Works Department Mahanadi Bhawan, Mantralaya, Atal Nagar New Raipur, District Raipur Chhattisgarh. 2 - Engineer In Chief Public Works Department, Nirman Bhawan Sector 19 North Block Atal Nagar New Raipur, District Raipur Chhattisgarh. 3 - Chief Engineer Public Works Department (E And M) Mandal Office Sirpur Bhawan Behind Aakashwani Civil Line Raipur District Raipur Chhattisgarh. 4 - Superintending Engineer Public Works Department (E And M) Mandal Office Sirpur Bhawan Behind Aakashwani Civil Line Raipur District Raipur Chhattisgarh. 5 - Executive Engineer (E And M) Public Works Department Raipur Division District Raipur Chhattisgarh. 6 - Joint Director Pension, Account And 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) : Mr. Saumitra Kesharwani, Panel Lawyer Hon'ble Shri Justice Amitendra Kishore Prasad 3 Order on Board 17/01/2025 1. Heard Ms. Nilu Kumari Singh, learned counsel for the petitioners as well as Mr. Saumitra Kesharwani, learned Panel Lawyer for the State/respondent/s. 2. Since the matter is heard and decided finally, therefore, I.A. 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 respondent 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 the petitioners were working as work charged Contingency Paid employees in the Public Works Department. Initially they were employed on temporary basis, thereafter their services were regularized. After completion of age of superannuation, they retired from service. The respondent authorities granted pension and gratuity to the 4 petitioners but benefit of leave encashment is not granted to them. It is further submitted that 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 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. 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 5 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. 8. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi