1 2025:CGHC:5597 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 870 of 2025 1 - Ganeshiya W/o Tulshi Ram Aged About 79 Years R/o 77, Vidyanagar, Ward No.1, Vidyanagar, Bemetara, Dist. Bemetara, (C.G.) 2 - Sharad Kumar Yadav Dead Through Its Legal Heir Devsir Bai W/o Late Sharad Kumar Yadav Aged About 62 Years R/o Subhash Nagar, Dak Bangla Ward, Ward No. 18 Dist. Dhamtari, (C.G.) 3 - Ghanshyam Das Manikpuri (Dead) Through Its Legal Heir Abhinay Das Manikpuri S/o Late Ghanshyam Das Manikpuri Aged About 35 Years R/o Ward No. 9, Balodagahan, Gurur Dist. Balod, (C.G.) 4 - Baldev Ram Patel S/o Rameshwar Prasad Patel Aged About 68 Years R/o Bijanpuri, Post- Bijanpuri, Dist- Dhamtari, (C.G.) 5 - Tul Singh Dhruw S/o Mahasingh Dhruw Aged About 68 Years R/o Civil Line, Dak Bangla Ward, Dist.- Dhamtari, (C.G.) 6 - Jhagdu Ram (Dead) Through Its Legal Heir, Ghasni Bai Dhurva W/o Late Jhagdu Ram Aged About 50 Years R/o Ward No. 9, Balodagahan, Gurur Dist. Balod, (C.G.) 7 - Chainu Ram Dhruw (Dead) Through Its Legal Heir Nirmala Dhruw W/o Late Chainu Ram Dhruw Aged About 59 Years R/o H.No. 59, Ward No. 10, Sirgidi, Dist. Mahasamund, (C.G.) 8 - Mitthu Bai W/o Raghav Verma Aged About 69 Years R/o Ward No. 29, Dist. Mahasamund, (C.G.) 9 - Shyam Lal S/o Rati Ram Rajput Aged About 63 Years R/o Ward RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.02.05 15:45:57 +0530 2 No.30, Naharpara Dist. Dist. Mahasamund, (C.G.) 10 - Jeeva Ram Yadav (Dead), Through Its Legal Heir Hemin Yadav W/o Late Jeeva Ram Yadav Aged About 53 Years R/o H. No. 228/k Ward No. 26, Dist. Mahasamund (C.G.) 11 - Devsharan Chandrakar (Dead) Through Its Legal Heir Sushila Chandrakar W/o Late Devsharan Chandrakar Aged About 67 Years R/o Ward No.5, Belsonda, Dist. Mahasamund, (C.G.) 12 - Om Prakash Tiwari S/o Basant Kumar Tiwari Aged About 74 Years R/o Purana Civil Lines, Shastri Chowk, Dist. Mahasamund, (C.G.) 13 - Sarju Ram Gond, (Dead) Through Its Legal Heir Sona Bai W/o Late Sarju Ram Aged About 54 Years R/o Jodhapur, Ward No. 19 Dist. Dhamtari, (C.G.) 14 - Leela Singh Couhan S/o Lalji Aged About 63 Years R/o Adarsh Chowk, Serikhedi Dist. Raipur, (C.G.) 15 - Ghasiya Ram Mehar, (Dead) Through Its Legal Heir Kamla Bai W/o Late Ghasiya Ram Aged About 62 Years R/o Jaraud, Dist. Balodabazar- Bhatapara, (C.G.) 16 - Ghana Ram Sahu S/o Kejau Ram Sahu Aged About 69 Years R/o Ward No. 07, Kalartarai, Dist. Dhamtari (C.G.) 17 - Shankar Lal S/o Dhanesh Aged About 67 Years R/o Parsuli, Kharenga Dist. Dhamtari, (C.G.) 18 - Mansha Ram S/o Prabhu Ram Aged About 73 Years R/o Ward No. 13, Koliyari Dist. Dhamtari, (C.G.) 19 - Jagat Ram Dhruw S/o Salik Ram Aged About 67 Years R/o Baigapara, Ward No.33 Dist. Dhamtari, (C.G.) 20 - Sakhu Ram Mehar S/o Devlal Mehar Aged About 64 Years R/o Mehar, Jaroud, Dist. Balodabazar- Bhatapara, (C.G.) 21 - Punit Ram Sahu S/o Dukalu Ram Sahu Aged About 72 Years R/o Ward No. 03, Bhatgaon, Khorpa Dist. Raipur, (C.G.) 22 - Halal Khor Sahu S/o Tijau Ram Sahu Aged About 69 Years R/o 3 Ward No.8, Bhatgaon, Khorpa, Dist. Baloda Bazar, (C.G.) 23 - Dukaru Ram Nareti, (Dead) Through Its Legal Heir Birjha Bai W/o Late Dukaru Ram Nareti Aged About 69 Years R/o Vill. Jatawada, Durgkondal, Bhanupratappur Dist. Kanker, (C.G.) 24 - Ghasiya Ram Koreti S/o Chherku Ram Koreti Aged About 66 Years R/o Vill. Jatawada, Durgkondal, Bhanupratappur Dist. Kanker, (C.G.) 25 - Jailal S/o Surju Ram Aged About 66 Years R/o Vill. Medo, Durgkondal, Dist. Kanker, Chhattisgarh 26 - Dharam Singh S/o Baisakhu Ram Aged About 66 Years R/o Ward No.3, Sihari, Durgkondal, Dist. Kanker, (C.G.) 27 - Mangiya Ram Darro S/o Rup Singh Darro Aged About 69 Years R/o Village Kokade, Post- Durgukondal, Village Panchayat- Jatawada, Durgukondal Dist.- Kanker (C.G.) 28 - Sundar Singh Churendra S/o Ram Charan Churendra Aged About 66 Years R/o Vill. Karamand, Durgkondal Dist. Uttar-Bastar, Kanker (C.G.) 29 - Panch Ram Sahu (Dead) Through Its Legal Heir Punnibai Sahu W/o Late Panch Ram Sahu Aged About 75 Years R/o Chanderi, Damakheda Dist. Baloda Bazar - Bhatapara (C.G.) 30 - Nandu Ram Yadav, (Dead) Through Its Legal Heir Kunvariya Bai W/o Late Nandu Ram Yadav Aged About 75 Years R/o Ward No. 16, Khaira, Dist. Bemetara, (C.G.) 31 - Chunu Ram Nishad S/o Latelram Nishad Aged About 69 Years R/o Ranka, Dist. Bemetara, (C.G.) 32 - Ferha Sahu S/o Ramdayal Sahu Aged About 71 Years R/o House No. 23, Manohra, Dist. Raipur, (C.G.) 33 - Dukhit (Dead) Through Its Legal Heir Koushilya Pal W/o Late Dukhit Aged About 63 Years R/o House No. 126, Manohra, Dist. Raipur, (C.G.) 34 - Banshi Lal Patel S/o Dhanva Ram Patel Aged About 73 Years R/o Ward No. 16, Imlipara, Sambalpur, Dist. Kanker, (C.G.) 4 35 - Pir Rehman Khan S/o Karim Khan Aged About 74 Years R/o Sambalpur, Dist. Kanker (C.G.) 36 - Hiraram Sahu S/o Bannuram Sahu Aged About 69 Years R/o Hospital Para Ward No.9, Bhanupratappur Dist. Kanker, (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Chief Secretary, Govt. Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Dist Raipur Chhattisgarh 2 - The Secretary General Administration Department, Govt. Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Dist Raipur Chhattisgarh 3 - The Secretary Public Works Department, Govt. Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Dist Raipur Chhattisgarh 4 - The Secretary Department Of Finance, Accounts And Treasury, Govt. Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Dist Raipur Chhattisgarh 5 - The Executive Engineer Public Works Department, Raipur Division, District - Raipur, (C.G.) 6 - The Executive Engineer Public Works Department, Raipur Division 1, District - Raipur, (C.G.) 7 - The Executive Engineer Public Works Department, Raipur Division 2, District - Raipur, (C.G.) 8 - The Executive Engineer Public Works Department, Division Gariyaband, District - Gariyaband, (C.G.) 9 - The Executive Engineer Public Works Department, Division Baloda Bazar, District - Baloda Bazar - Bhatapara, (C.G.) 10 - The Executive Engineer Public Works Department (Building And Road), Mahasamund Division, District - Mahasamund, Chhattisgarh 5 11 - The Executive Engineer Public Works Department, Mahasamund Division 1, District - Mahasamund, Chhattisgarh 12 - The Executive Engineer Public Works Department (Building And Road), Kanker Division, District - Uttar Bastar, Kanker, Chhattisgarh 13 - The Executive Engineer Public Works Department, Dhamtari Division, District - Dhamtari, Chhattisgarh 14 - The Executive Engineer Public Works Department, Bhanupratap Division, District - Uttar Bastar, Kanker, Chhattisgarh 15 - The Executive Engineer Public Works Department, Pakhanjur Division, District - Uttar Bastar, Kanker, Chhattisgarh 16 - The Executive Engineer Public Works Department, Division, Abhanpur, District - Raipur, Chhattisgarh 17 - Sub Divisional Officer Public Works Department, Division Abhanpur, District - Raipur (C.G.) ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Mr. Prashant Sahu, Advocate For State/Respondent(s) : Ms. Akanksha Verma, Panel Lawyer Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 30/01/2025 1. Heard Mr. Prashant Sahu, learned counsel petitioners as well as Ms. Akanksha Verma, learned Panel Lawyer for State/respondents. 2. Since the matter is heard and decided finally, therefore, I.A. No.01/2025, which is an application for exemption from filing typed copies is allowed. 6 3. By way of this writ petition, the petitioners have 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 petitioners. (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 COMM SSTpresentation submitted by the Petitioners within a reasonable further direct the respondent authorities to act on the UPT 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. (v) That. the Cost of the petition may kindly also be awarded to the petitioner.” 4. Learned counsel for the petitioners submits that the respective petitioners were permanent employees of work-charged Establishment of Public Works Department of the Government of Chhattisgarh. They were paid regular pay and dearness allowances, medical allowances like House Rent, City 7 Compensatory allowances, medical allowance, earned leave, casual leave as revised from time to time during their 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 petitioners were appointed in the work charged establishment of the Public Works Department initially on temporary basis but after 10 years of the service they have become permanent employees of the Work charged Establishment. All the petitioners have been retired from the services through various orders. During their service, the Petitioners have performed their duties and obligations bestowed upon them with utmost sincerity and to the best of their 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 petitioners are entitled for leave encashment. 5. Learned State counsel submits that sufficient documents have not been filed by the petitioner 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. 6. I have heard learned counsel for parties and perused the documents available in record. 8 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/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 claims 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 Ravi Mandavi