1 2025:CGHC:5028 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 738 of 2025 1 - Nana Sai Soni S/o Satedharam Soni Aged About 63 Years R/o Village Machadoli, Tahsil Pondi Uproda, District Korba C.G. 2 - Nirmala Garga W/o Lata Durga Prasad Garga Aged About 60 Years R/o Village Atma Nagar, Tahsil Pondi Uproda, District Korba C.G. 3 - Ramchandra Yadav S/o Thanu Yadav Aged About 63 Years R/o Village Machadoli, Tahsil Pondi Uproda, District Korba C.G. 4 - Naval Singh S/o Bandhan Singh Aged About 63 Years R/o Village Ghadaghat (Chhinmer), Tahsil Pondi Uproda, District Korba C.G. 5 - Vishambhar Singh S/o Malechan Singh Aged About 64 Years R/o Village Machadoli, Tahsil Pondi Uproda, District Korba C.G. 6 - Rajendra Kumar Shukla S/o Ramsanehi Shukla Aged About 63 Years R/o Village Machadoli, Tahsil Pondi Uproda, District Korba C.G. 7 - Motiram S/o Ramcharan Aged About 64 Years Unskilled Assistant, R/o Village Atma Nagar, Tahsil Pondi Uproda, District Korba C.G. 8 - Bhejan Lal Nagfase S/o Bhikhiya Nagfase Aged About 64 Years R/o Village Urga, District Korba C.G. 9 - Shyam Bai W/o Late Heera Singh Gond Aged About 63 Years R/o Village Bandhapara, Tahsil Pondi Uproda, District Korba (C.G.) 10 - Jagdishwar Singh S/o Late Amar Singh Aged About 40 Years Resident Of Village Atma Nagar, Tahsil Pondi Uproda, District Korba C.G. RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.02.01 13:22:39 +0530 2 11 - Onkar Sharma S/o Late Shri Rajendra Sharma Aged About 43 Years R/o Village Machadoli, Tahsil Pondi Uproda, District Korba C.G. 12 - Seetaram Bhariya S/o Thakur Ram Aged About 63 Years R/o Village Barpali, Tanakhar Tahsil Pondi Uproda, District Korba (C.G.) 13 - Ganesh Ram Yadav S/o Ram Lal Yadav Aged About 63 Years R/o Village Machadoli, Tahsil Pondi Uproda, District Korba C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Water Resources, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur (C.G.) 2 - Superintendent Engineer Minimata (Hasdev) Bango Project, Bilaspur, District Bilaspur (C.G.) 3 - Executive Engineer Minimata (Hasdev), Bango Project, Division-3, Machadoli, P.S. Bango, District Korba (C.G.) 4 - Executive Engineer Water Resources Korba, District Korba (C.G.) 5 - Executive Engineer (V/y) Light Machinery Emuvel Gate Sakari, Bilaspur, District Bilaspur (C.G.) ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Mr. Prahlad Shrivas, Advocate For State/Respondent(s) : Mr. Kawaljeet Singh Saini, Panel Lawyer Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 28/01/2025 1. Heard Mr. Prahlad Shrivas, learned counsel petitioner as well as Mr. Kawaljeet Singh Saini, learned Panel Lawyer for 3 State/respondents. 2. 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 direct the concerned respondents to consider the claim of petitioners for grant of leave encashment in the light of provisions of Leave Rules-1977. 10.2 That, this Hon'ble Court may kindly be pleased to direct the concerned respondents to consider the claim of petitioners for grant of leave encashment in the terms of the decision passed in WPS No.3870/2021 in the matter of "Faguva Ram Patel and others Versus State of Chhattisgarh & others" in stipulated period of time. 10.3 That, the Hon'ble Court may kindly be pleased to grant any other relief, as it may deems fit and appropriate.” 3. Learned counsel for the petitioners submits that the respective petitioners were worked as work charged/ contingency paid employees/permanent employee in the respondents department under contingency establishment, 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 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. 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