1 2025:CGHC:1922 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 220 of 2025 1 - Ramsai Manjhi S/o Mangalsay Manjhi, Aged About 56 Years R/o Kokda Para, Bijapur, District Bijapur (C.G.). 2 - Ratanu Sahu S/o Itwari Ram Sahu Aged About 65 Years R/o Ward No. 3, Satpara, Abhanpur, District Raipur (C.G.). 3 - Ramnath Sahu S/o Budhu Ram Sahu Aged About 63 Years R/o Ward No. 07, Bramh Baba Chouk, Jhola, District Raipur (C.G.). 4 - Basarat Khan (Dead) Through (L.R.) Rahima Begam Aged About 54 Years W/o Late Basarat Khan, R/o Ward No. 9, Tilda Road, Simga, District - Baloda Bazar (C.G.). 5 - Bharat Ram Tarak (Dead) Through Puspa Bai Tarak Aged About 54 Years W/o Late Bharat Ram Tarak, R/o R.S.P. Colony, Ganagrel, Distt. - Dhamtari (C.G.). ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Chief Secretary, Govt. Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh. 2 - The Secretary, General Administration Department, Govt. Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Riapur, Chhattisgarh. Digitally signed by RAVI SHANKAR MANDAVI 2 3 - The Secretary, Water Resource Department, Govt. Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh. 4 - The Secretary, Department Of Finance, Accounts And Treasury, Govt. Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Dist. Raipur Chhattisgarh. 5 - The Chief Engineer, Mahanadi Pariyojna, Water Resource Department, Dist Raipur, Chhattisgarh. 6 - The Executive Engineer, Water Resource Management, Water Resource Department, Raipur, Division, District - Raipur (C.G.). 7 - The Executive Engineer, Water Resource Management, Water Resource Department, Raipur, Division 1, District - Raipur (C.G.). 8 - The Executive Engineer, Water Resource Management, Water Resource Department, Division Bijapur, District - Bijapur (C.G.). 9 - The Executive Engineer, Water Resource Management, Water Resource Department, Division Rudri, District - Dhamtari (C.G.). ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Mr. Kaustubh Singh Thakur, Advocate For State/Respondent(s) : Mr. Suyashdhar Badgaiya, Dy. Government Advocate Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 13/01/2025 1. Heard. 2. By way of this writ petition, the petitioners have prayed for following reliefs: 3 “(i) That, this Hon'ble Court may kindly be pleased to allow the present writ petition preferred by the petitioner and call for the records of the entire case pertaining to the grant of leave encashment and other consequential benefits to the petitioners. (ii) That, this Hon'ble Court may kindly be pleased to direct the Respondents by issuing appropriate writ/order/direction to the Respondents authorities to grant the benefit of leave encashment to work-charged and contingency employees on their retirement in accordance with the statutory rules, regulations and circulars issued by the State Government and also on the basis of judgment dated 30-09-2022 passed by this Hon'ble Court in WPS No. 3870/2021. (iii) Alternatively, this Hon'ble Court may kindly be pleased to further direct the respondent authorities to act on the representation submitted by the Petitioners within a reasonable period of time in accordance with the statutory rules and circulars and on the basis of judgment dated 30-09- 2022 passed by this Hon'ble Court in WPS No. 3870/2021. (iv) That any other relief which this Hon'ble Court may deem fit and necessary in the interest of justice may kindly be awarded. (v) That the cost of the petition may kindly also be awarded to the petitioner.” 3. Learned counsel for the petitioners submits that the petitioner No.1, 2, 3 and Husband of petitioner No.4 & 5 were permanent employees of work- charged Establishment of Water Resource Department of the Government of Chhattisgarh. They were paid regular pay and dearness allowances, medical allowances like House Rent, City Compensatory allowances, medical allowance, earned leave, casual leave as revised from time to time during their service and pension and gratuity etc on retirement from 4 service as are admissible to other permanent employees of the comparable status of the regular establishment of the Respondent State. The petitioner No.1, 2, 3 and Husband of petitioner No.4 & 5 were appointed in the work charged establishment of the Water Resource Department initially on temporary basis but after 10 years of the service they have become permanent employees of the Work charged Establishment. All the petitioners have been retired from the services through various orders. During their service, the petitioners were worked as work charged/ contingency paid employees in the respondents department therefore, leave credited in the account of the work charged / contingency paid employees deserved to get encashment. Learned counsel for the petitioners further 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. 5 6. 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. 7. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi