1 2025:CGHC:4386 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 659 of 2025 1 - Biras Bai Sahu W/o Late Shri Parmanand Sahu Aged About 55 Years Resident Of Village- Jenjra, Post- Sursabandha, Rajim, Gariyaband, District- Gariyaband (Chhattisgarh) 2 - Jaybati Baghel W/o Shri Lochan Baghel Aged About 61 Years Resident Of Village- Dakbangla, Ward No. 8, Gariyaband, District- Gariyaband (Chhattisgarh) ... Petitioners versus 1 - State Of Chhattisgarh Through The Secretary, Water Resource Department, New Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur (Chhattisgarh) 2 - State Of Chhattisgarh Through The Secretary, General Administration Department, New Mantralaya, Mahanadi Bhawan New Raipur, District Raipur, Chhattisgarh 3 - State Of Chhattisgarh Through The Secretary, Finance Department, New Mantralaya, Mahanadi Bhawan New Raipur, District- Raipur (Chhattisgarh) 4 - The Engineer-In-Chief Water Resource Department, Nirman VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 Bhawan, North Block, Sector-19, Capital Complex Naya Raipur, Atal Nagar, Raipur, Chhattisgarh 5 - The Executive Engineer Water Resource Department, Gariyaband District- Gariyaband (Chhattisgarh) 6 - The Joint Director Treasury Account And Pension, Divisional Office, Raipur Division, District- Raipur (Chhattisgarh) ... Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioners :- Mr. Palash Agrawal, Advocate For State :- Mr. Soumitra Kesharwani, P.L. ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 24.01.2025 1. 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 call for the entire records pertaining to the case of the petitioner. 10.2 That, this Hon'ble Court may kindly be pleased to issue appropriate writ and direct the respondent authorities to Grant the benefit of Leave Encashment to the petitioner along with a reasonable rate of interest, in the interest of justice. 10.3 That, this Hon'ble Court may kindly be pleased to pass an appropriate order or issue writ as deemed fit under the facts and circumstances of the case.” 2. Learned counsel for the petitioners submits that the deceased 3 husbands of the petitioners were retired employees of the respondent department, who were working as class-IV employees in the Water Resources 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 husbands of the petitioners were entitled for leave encashment. 3. Learned State counsel submits that sufficient documents have not been filed by the petitioners and it is also not reflected as to whether the husbands of the petitioners have completed the minimum period of the service to avail the benefit of leave encashment. 4. I have heard learned counsel for parties and perused the documents available in record. 5. Be that as it may, without commenting anything on the merits, this petition is disposed off 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 husband’s claim. In the event of filing of representation, on due verification, if the husbands of 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 4 date of submission of the said representation. 6. Accordingly, this petition stands disposed off with aforesaid observations and directions. sd/- (Amitendra Kishore Prasad) Judge Vishakha