1 2025:CGHC:5511 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 842 of 2025 1 - Jitendra Kumar Sahu (Legal Heir) S/o Late Salik Ram Sahu Aged About 30 Years R/o Ma Sharda Ward 15, Village Nawadih, Post Rajim, Tehsil Rajim, District Gariyaband (Chhattisgarh). 2 - Smt. Sunita Bai Nayak (Legal Heir) W/o Late Gokul Ram Nayak Aged About 58 Years R/o Village Mahrajpur, Post Pinkapar, Tehsil Balod, District Balod, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Chief Secretary, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Distt. Raipur (Chhattisgarh). 2 - State Of Chhattisgarh Through The Secretary, General Administration Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Distt. Raipur (Chhattisgarh). 3 - State Of Chhattisgarh Through The Secretary, Water Resource Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Distt. Raipur (Chhattisgarh). 4 - State Of Chhattisgarh Through The Secretary, Department Of Digitally signed by RAGHVENDRA JAT 2 Finance, Accounts And Treasury, Govt. Of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Distt. Raipur, Chhattisgarh. 5 - The Assistant Director Hydro Metrology Department, Division 04, Raipur, Distt. Raipur (Chhattisgarh). ... Respondent(s) For Petitioner(s) : Mr. Anand Kumar Kujur, Advocate. For Respondent(s)/State : Mr. Saumitra Kesharwani, Panel Lawyer. Hon’ble Mr. 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 judgment passed by this Hon'ble Court on 30.09.2022, in WPS No. 3 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. (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 petitioners submits that the father of 4 petitioner No. 1 and husband of petitioner No. 2 are retired employees of the respondent department, who were working as work charged establishment in the Public Works Department. He 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. 3. Learned State counsel submits that sufficient documents has not been filed by the petitioners and it is also not reflected as to whether the father of petitioner No. 1 and husband of petitioner No. 2 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 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 (Supra), 5 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. 6. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat