1 2025:CGHC:5024 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 717 of 2025 1 - Mohan Lal Tamrakar S/o Late Shri Sukaruram Tamrakar Aged About 71 Years Occupation- Retd. H. E. M. Operator- I I, Water Resources Department, Durg, Distt.- Durg, C.G. ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary Water Resources Department, Mantralaya, Mahanadi Bhawan, Capital Complex, Atal Nagar Naya Raipur, Distt. -Raipur, C.G. 2 - Executive Engineer Water Resources Department, Raipur, Distt. - Raipur, C.G. 3 - Sub Divisional Officer Water Resources Department, Utai Road, In- Front Of Adarsh Kanya School, Durg, Distt. -Durg, C.G. 4 - Joint Director Treasury Accounts And Pension, Division Durg, Distt. - Durg, C.G. ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Mr. Sunil Sahu, Advocate For State/Respondent(s) : Ms. Poorva Tiwari, Panel Lawyer Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 28/01/2025 1. Heard Mr. Sunil Sahu, learned counsel petitioner as well as Ms. RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.02.01 13:24:42 +0530 2 Poorva Tiwari, learned Panel Lawyer for State/respondents. 2. By way of this writ petition, the petitioner has prayed for following reliefs: “10.1 That this Hon'ble Court may kindly be pleased to Call for the entire record relates to petitioner for kind perusal of Hon'ble court. 10.2 That this Hon'ble Court may kindly be pleased to issue an appropriate writ commanding and directing the respondents to release the amount of leave encashment forthwith, with appropriate rate of interest. 10.3 That this Hon'ble Court may kindly be pleased to issue an appropriate writ by commanding and directing the respondents to consider and decide the petitioners claim in light of the Circulars as well as decision of this Honble court.” 3. Learned counsel for the petitioner submits that the petitioner was appointed on 25.01.1988 on the post of Tractor Driver in the Water Resources Department and he served as Driver during whole service tenure before 8 months of retirement he was promoted as H. E. M. Operator-II vide order dated 13.10.2015 and retired on 30.07.2016, thereby the petitioner is the worked charge / contingency paid employee who served with the Sub Divisional officer Water resources Department Durg, Distt. - Durg (C.G.) and after completing the age of superannuation he was retired from services on 30.07.2016. 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 3 other connected matters decided on 30.09.2022, the petitioner is entitled for leave encashment. 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