1 2025:CGHC:5598 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 873 of 2025 1 - Shankar Lal Mishra S/o Bachchu Lal Mishra Aged About 70 Years Plot No. C - 120, Sector - 01, Kamal Vihar, Raipur, District Raipur Chhattisgarh. ... Petitioner 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, Chhattisgarh. 3 - The Secretary Department Of Public Health And Engineering Govt. Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Chhattisgarh. 4 - The Secretary Department Of Finance, Accounts And Treasury, Govt. Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Chhattisgarh. 5 - The Executive Engineer Department Of Public Health And Engineering, Division Raipur, District Raipur Chhattisgarh. ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Mr. Prashant Sahu, Advocate For State/Respondent(s) : Mr. Saumitra Kesharwani, Panel Lawyer RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.02.05 16:23:29 +0530 2 Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 30/01/2025 1. Heard Mr. Virendra Vaishnav, learned counsel petitioner as well as Mr. Suyashdhar Badgaiya, learned Dy. Government Advocate for State/respondents. 2. By way of this writ petition, the petitioner has prayed for following reliefs: “(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 petitioner. (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 take action on the representation submitted by the Petitioner 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. 3 (v) That. the Cost of the petition may kindly also be awarded to the petitioner.” 3. Learned counsel for the petitioner submits that the petitioner was permanent employee of work-charged Establishment of Department of Public Health and Engineering of the Government of Chhattisgarh. Hewas 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 his service and pension and gratuity etc. on retirement from service as are admissible to other permanent employees of the comparable status of the regular establishment of the Respondent State. The petitioner was appointed in the work charged establishment of the Department of Public Health and Engineering Department initially on temporary basis but after 10 years of the service he has become permanent employee of Work charged Establishment. The petitioner has been retired from the services 31.07.2017. During his service, the petitioner has performed his duties and obligations bestowed upon him with utmost sincerity and to the best of his 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 & Ors.) and other connected matters decided on 30.09.2022, the petitioner is entitled for leave encashment. 4 4. Learned State counsel submits that sufficient documents have not been filed by the petitioner and it is also not reflected as to whether the petitioner has 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 petition is disposed of giving liberty to the petitioner 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 his claim. In the event of filing of representation, on due verification, if the petitioner is found to be similarly situated persons, as in the case of Faguvaram Patel (surpa), his 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 petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi