1 2025:CGHC:4394 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 682 of 2025 1. Smt. Geeta Sahu W/o Late Sunil Kumar Sahu Aged About 61 Years R/o 18/18 Ward No. 18 Lohar Gali Telipara Bilaspur District - Bilaspur (C.G.). 2. Smt. Urmila Pandey W/o Late Banshidhar Pandey Aged About 68 Years R/o Ward No. 21, Kenabandh Ambikapur District - Surguja (C.G.) ... Petitioner(s) versus 1. State Of Chhattisgarh Through The Secretary Department Of Water Resource Mahanadi Bhawan Naya Raipur District - Raipur (C.G.). 2. The Secretary Department Of General Administration Mahanadi Bhawan Naya Raipur District - Raipur (C.G.). 3. The Secretary Department Of Finance Mahanadi Bhawan Naya Raipur District - Raipur (C.G.). 4. Engineer In Chief Water Resource Department Shivnath Bhawan Sector - 19, Naya Raipur District - Raipur (C.G.). 5. Chief Engineer Minimata Hasdeo Bango Project Water Resource Department Bilaspur (C.G.). 6. Superintendent Engineer Water Resource Circle Bilaspur (C.G.). Digitally signed by RAGHVENDRA JAT 2 7. Executive Engineer E/m Heavy Machinery Division Water Resource Department Bilaspur (C.G.) ... Respondent(s) For Petitioner(s) : Ms. Aakanksha Singh, Advocate. For Respondent(s)/State : Ms. Ayushi Agrawal, Panel Lawyer. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 24/01/2025 1. Heard on I.A. No. 01/2025, which is an application for exemption from filing typed copies of annexures. 2. On due consideration and for the reasons mentioned in the application, I.A. No. 01/2025 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 issue an appropriate writ by directing the respondent authorities to consider the case of the petitioners for grant of leave encashment and appropriate orders be passed for releasing of leave encashment alongwith interest within three months from the date of order, in the interest of justice. 10.2 Any other relief which this Hon'ble Court may deem fit and proper in favour of the petitioner may 3 kindly be passed. 10.3 Cost of the petition may be awarded.” 4. Learned counsel for the petitioners submits that the husband petitioner No. 1 and husband of petitioner No. 2 are retired employees of the respondent department, husband of petitioner No. 1 was working as work charged and contingency paid employee and husband of petitioner No. 2 was working as work charged and contingency paid employee in the Water Resource Department. He 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. 5. Learned State counsel submits that sufficient documents has not been filed by the petitioners and it is also not reflected as to whether the husband of petitioner No. 1 & husband of petitioner No. 2 have completed the minimum period of the 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 / 4 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 (Supra), 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. 8. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat