Extracted from the PDF above. The PDF is authoritative.
1 2025:CGHC:3189 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 467 of 2025 1 - Jaleshwar Prasad Sharma S/o Late Koushal Prasad Sharma Aged About 66 Years Retired Amin Posted At Office Of S.D.O. Jal Sanshadhan Survekshan And Anusandhan Sub Division Mungeli Water Resources Department District Mungeli Chhattisgarh 2 - Jagdish Das Vaishnav S/o Late Ram Das Vaishnav Aged About 64 Years Retired Amin Posted At Office Of S.D.O. Maniyari Jal Sanshadhan Sub Division Mungeli Water Resources Department District Mungeli Chhattisgarh 3 - Sukrat Lal Sahu S/o Late Sant Ram Sahu Aged About 74 Years Retired Amin Posted At Office Of S.D.O. Jal Sanshadhan Sub Division Takhatpur Water Resources Department District Bilaspur Chhattisgarh 4 - Mohan Lal Yadav S/o Dindayal Yadav Aged About 75 Years Retired Amin Posted At Office Of S.D.O. Jal Sanshadhan Sub Division Lormi Water Resources Department District Mungeli Chhattisgarh 5 - Gopeshwar Singh S/o Late Ramsnehi Singh Aged About 79 Years Retired Kushal Sahayak Posted At Office Of S.D.O. Hasdev Barrage Jal Prabhand Sub Division Darri/korba Water Resources Department District Korba Chhattisgarh 6 - Hori Lal Yadav S/o Late Sukhara Yadav Aged About 65 Years Retired Labour Posted At Office Of Jal Sanshadhan Sub Divison Raigarh, Water YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.01.20 16:17:00 +0530 2 Resources Department District Raigarh Chhattisgarh 7 - Shyam Lal Shriwas S/o Late Tijau Ram Shriwas Aged About 63 Years Retired Chowkidar Posted At Office Of Jal Sanshadhan Sub Division Raigarh, Water Resources Department District Raigarh Chhattisgarh 8 - Madan Lal Sahu S/o Late Raisingh Sahu Aged About 65 Years Retired Chowkidar Posted At Office Of Jal Sanshadhan Sub Division Raigarh, Water Resources Department District Raigarh Chhattisgarh 9 - Panchram Khunte S/o Late Dalsay Khunte Aged About 65 Years Retired Chowkidar Posted At Office Of Jal Sanshadhan Sub Division Raigarh, Water Resources Department District Raigarh Chhattisgarh 10 - Smt. Jain Kumari Sahu W/o Late Chhedi Lal Sahu Aged About 59 Years R/o Irrigation Colony Ward No. 33 Rampur Korba Tahsil And District Korba Chhattisgarh Husband Of Petitioner Was Retired Dak Runner Posted At Office Of S.D.O. Hasdev Bayi Tat Nahar Sub Division No. 1 Rampur Water Resources Department District Korba Chhattisgarh 11 - Smt. Leela Rao W/o Late Govind Rao Aged About 65 Years R/o 27 Kholi Vikas Nagar, P.S. Civil Line District Bilaspur Chhattisgarh Husband Of Petitioner Was Retired Truck Chalak Posted At Office Of S.D.O.
(E And M) F.O.M. Sub-Division (Bhari Sanyantra) Bilaspur Sakri, Water Resources Department Bilaspur District Bilaspur Chhattisgarh ... Petitioners versus 1 - State Of Chhattisgarh Through Secretary, Department Of Water Resources Mahanadi Bhawan, Mantralaya, New Raipur District Raipur Chhattisgarh 2 - Engineer In Chief Water Resources, Department, Shivnath New Raipur, District
Raipur Chhattisgarh
3 3 - Chief Engineer Hasdeo Kachhar Water Resources Department Bilaspur Range
District
-
Bilaspur
Chhattisgarh 4 - Chief Engineer Minimata Hasdeo Bango Pariyojna Water Resources Department
Bilaspur
District
-
Bilaspur
Chhattisgarh 5 - Executive Engineer Jal Sanshadhan Division Korba Water Resources Department
District
Korba
Chhattisgarh 6 - Executive Engineer Maniyari Jal Sanshadhan Division Mungeli Water Resources
Department
District
Mungeli
Chhattisgarh 7 - Executive Engineer Jal Sanshadhan Division Raigarh Water Resources Department
District
Raigarh
Chhattisgarh 8 - Executive Engineer (E And M) Heavy Plant Division (Bhari Sanyantra Sambhag) Division Bilaspur (Sakri), Water Resources Department, Bilaspur District
-
Bilaspur
Chhattisgarh 9 - Joint Director Pension, Account And Treasury Department Bilaspur Division, District - Bilaspur Chhattisgarh
... Respondents For Petitioners : Ms. Nilu Kumari Singh, Advocate For Respondents : Mr. Pratik Tiwari, P.L.
Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 17.01.2025
1. Heard Ms. Nilu Kumari Singh, learned counsel for the petitioners and Mr. Pratik Tiwari, learned P.L., appearing for the State/respondents. 4
2. By filing this writ petition, the petitioners have prayed for following relief(s):-
“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 petitioner. 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. 3.
Learned counsel for the petitioners submits that petitioners No.1 to 9 and husband of petitioner No.10 and 11 was employees of the respondent department, who was working as work-charged/contingency paid employees and whose services have been later regularized under the respondent department. He 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. 4. 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. 5. I have heard learned counsel for parties and perused the documents available in record. 6. Be that as it may, without commenting anything on the merits, this writ petition is disposed of giving liberty to the petitioners to make detailed
5 representations 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. 7. Accordingly, this writ petition stands disposed of with aforesaid observations and directions. Sd/-
(Amitendra Kishore Prasad)
Judge Yogesh