1 2025:CGHC:5580 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 854 of 2025 1 - Madho S/o Dhansingh Dhankar Aged About 67 Years R/o Ward No. 02, Village Rengakathera, Post Gunderdehi, Tehsil Gunderdehi, District Balod (C.G.). 2 - Smt. Hathiyarin Bai W/o Ishwar Aged About 71 Years R/o Ward No. 06, Village Mohandipat, Post Khursuni, Tehsil Arjunda, District Balod (C.G.). 3 - Kishan Lal Sinha S/o Dayaram Aged About 72 Years R/o Ajay Pal Ward, Village Chainganj, Post Gunderdehi, Tehsil Gunderdehi, District Balod (C.G.). 4 - Dehar Lal Dewangan (Legal Heir) S/o Sundru Aged About 48 Years R/o Ward No. 14, Village Mohandipat, Post Khursuni, Tehsil Arjunda, District Balod (C.G.). 5 - Smt. Milo Bai (Legal Heir) W/o Late Kapil Ram Sahu Aged About 65 Years R/o Ward No. 06, Village Mokha, Post Rajoli, Tehsil Gunderdehi, District Balod (C.G.). ... Petitioners versus 1 - State Of Chhattisgarh Through The Chief Secretary, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.). 2 - State Of Chhattisgarh, Through The Secretary, General Administration Department, Mantralaya, Mahanadi Bhawan Atal Nagar, Nawa Raipur, Dist. Raipur (C.G.). 3 - State Of Chhattisgarh, Through The Secretary, Public Works Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.). VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 4 - State Of Chhattisgarh, Through The Secretary, Department Of Finance Accounts And Treasury, Govt, Of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.). 5 - The Executive Engineer, Public Works Department Division Balod, Dist. Balod C.G. ... Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioners :- Mr. Anand Kumar Kujur, Advocate For State :- Mr. S.S. Choubey, P.L. ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 30.01.2025 1. By way of this writ petition, the petitioners have prayed for following reliefs:- “(i) That this Hon'ble Court may kindly be pleased to call for all the records pertaining to the case. (ii) That, this Hon'ble Court may kindly be pleased to issue writ/order/direction to the respondent authorities to grant the benefits of leave encashment to work charged and contingency employees on their retirement in accordance with the statutory rules, regulations and circulars issued by the respondent authorities and also based on the judgment passed by this Hon'ble Court on 30.09.2022, in WPS No. 3870/2021. (iii) That, this Hon'ble Court may kindly be pleased to issue writ/order/direction to the respondent authorities to take appropriate decision within a reasonable period of time on the requests and representations preferred by the petitioners in accordance with the law and also based on the judgment passed by this Hon'ble Court on 30.09.2022, in WPS No. 3870/2021 to grant the benefits of leave encashment to work charged and contingency employees on their retirement. 3 (iv) That, this Hon'ble Court may kindly be pleased to issue writ/order/direction similar to the order passed in WPS No. 3732/2023 passed on 06.07.2023 to the respondent authorities to immediately process the claim of all similarly placed persons in the light of the aforesaid decision of this High Court on the same subject-matter, within an outer limit of 120 days from the date of the receipt of the copy of the order. (v) That any other relief/order which may be deem fit and just in the facts and circumstances of the case may kindly be granted.” 2. Learned counsel for the petitioner submits that petitioners No.1 to 3 are the retired employees and petitioners No.4 & 5 are the legal heirs of the deceased retired employees of the respondent department, who were working as work charge employee in the Public Works 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 petitioners No.1 to 3 and the legal heirs of deceased employee(petitioners No.4 & 5) 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 petitioners No.1 to 3 and the legal heirs of deceased employee i.e. petitioners No.4 & 5 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 4 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 respective claim. In the event of filing of representation, on due verification, the petitoners No. 1 to 3 and legal heirs of deceased employee(petitioners No.4 & 5) are found to be similarly situated persons, as in the case of Faguvaram Patel (supra), their respective 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. 6. Accordingly, this petition stands disposed off with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Vishakha