Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:11071 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8503 of 2024 1 - Kapil Singh Nirmalkar S/o Dariyav Singh Nirmalkar, Aged About 72 Years R/o Ward No. 18 Bazarpara Bemetara Tahsil And District - Bemetara, Chhattisgarh. 2 - Kumar Sao S/o Natthu Ram Aged About 72 Years R/o Village - Murkutta, Tahsil Navagarh, District Bemetara, Chhattisgarh. 3 - Jagdish Prasad Sahu S/o Bhondal Sahu, Aged About 74 Years R/o Village Eramsahi Tahsil - Navagarh, District - Bemetara, Chhattisgarh. 4 - D.D. Vaishnav S/o Nanku Das Aged About 72 Years R/o Village Andhiyarkhor, Tahsil - Navagarh, District Bemetara, Chhattisgarh.
... Petitioner(s) versus 1 - State Of Chhattisgarh Through, The Secretary, Water Resources Department Mahanadi Bhawan Atal Nagar, Raipur, Chhattisgarh. 2 - Engineer In Chief, Water Resources Department Raipur, District - Raipur, Chattisgarh. 3 - Chief Engineer, Mahandi Godawari Kachhar, Water Resources Department Raipur, District Raipur, Chhattisgarh. 4 - Executive Engineer, Water Resources Division - Bemetara, District - Bemetara, Chhattisgarh. 5 - Joint Director, Pension And Accounts Treasury, Department, Durg, District Durg, Chhattisgarh.
... Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Mr. Hemant Kesharwani, Advocate For State/Respondent(s) : Mr. Sabyasachi Choubey, Panel Lawyer Digitally signed by SHAYNA KADRI
2 Hon'ble Shri Justice
Amitendra Kishore Prasad
Order on Board 06/03/2025
1. Heard on I.A. No. 01 of 2024 which is an application for exemption from filing typed copy of Annexures.
2. Learned counsel for petitioners submits that he will file relevant documents and he is not pressing I.A. No. 01 of 2024. He prays that as matter related to grant of leave encashment, appropriate
order may be passed.
3. I.A. No. 01 of 2025, application for exemption from filing the typed copied is dismissed as not pressed.
4. With the consent of parties, case is heard finally.
5. 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 issue the direction for the respondent authorities to grant the benefit of leave encashment.”
6. Learned counsel for the petitioners submits that the petitioners were working as work charged / contingency paid employees in the respondent department. During their service, the petitioners have performed their duties and obligations bestowed upon them with utmost sincerity and to the best of their capabilities with an unblemished service record. 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 &
3 Ors.) and other connected matters decided on 30.09.2022, the petitioners are entitled for leave encashment.
7. 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.
8. I have heard learned counsel for parties and perused the documents available in record.
9. 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 claims 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.
10. Accordingly, this petition stands disposed of with aforesaid observations and directions.
Sd/-
(Amitendra Kishore Prasad) Judge Shayna