1 2025:CGHC:5593 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 881 of 2025 1 - Smt. Sudha Verma (Legal Heir) W/o Late Omprakash Verma Aged About 37 Years R/o Village Dewri, Post Manohara, Tehsil Raipur, District Raipur, Chhattisgarh. 2 - Gajendra Kumar Netam (Legal Heir) S/o Kishan Netam Aged About 43 Years R/o Village Khapradih, Tehsil Bhatapara, District : Balodabazar-Bhathapara, Chhattisgarh 3 - Smt. Sudha Bai Nirmalkar (Legal Heir) W/o Late Hari Ram Nirmalkar Aged About 61 Years R/o Ward No. 29, Pandit Deendayal Upadhyay Ward, Shanti Nagar, Tehsil Bhatapara, District : Balodabazar- Bhathapara, Chhattisgarh 4 - Leeladhar Patel (Legal Heir) S/o Ram Ratan Patel Aged About 44 Years R/o Ward No. 02, Old Irrigation Colony, Tulsi, Tilda, Tehsil Tilda, District Raipur, Chhattisgarh. 5 - Smt. Dhan Bai Yadaw (Legal Heir) W/o Late Malik Ram Yadaw Aged About 57 Years R/o Near Irrigation Colony, Nipaniya, Tehsil Nipaniya, District : Balodabazar-Bhathapara, Chhattisgarh 6 - Smt. Geeta Verma (Legal Heir) W/o Late Bedram Verma Aged About 61 Years R/o Ward No. 01, Sasaholi, Tehsil Tilda, District Raipur, Chhattisgarh. 7 - Smt. Sawana (Legal Heir) W/o Late Panchram Sahu Aged About 66 Years R/o Village Sankara, Post Tarpongi, Tehsil Tilda, District Raipur, Chhattisgarh. ... Petitioner(s) RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.02.05 15:59:32 +0530 2 versus 1 - State Of Chhattisgarh Through The Chief Secretary, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur District Raipur, Chhattisgarh. 2 - State Of Chhattisgarh Through Secretary General Administration Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 3 - State Of Chhattisgarh Through Secretary, Water Resource Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 4 - State Of Chhattisgarh Through Secretary, Department Of Finance, Accounts And Treasury, Govt. Of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 5 - The Executive Engineer Mahanadi Jalashay Pariyojna Disnet Division 3, Tilda Neora, District Raipur, Chhattisgarh. ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Mr. Anand Kumar Kujur, Advocate For State/Respondent(s) : Mr. Kawaljeet Singh Saini, Panel Lawyer Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 30/01/2025 1. Heard Mr. Anand Kumar Kujur, learned counsel petitioners as well as Mr. Kawaljeet Singh Saini, learned Panel Lawyer for State/respondents. 2. By way of this writ petition, the petitioners have prayed for following reliefs: 3 “(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. (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.” 3. Learned counsel for the petitioners submits that the petitioners and the legal heirs of some of the employees submit that the employees were appointed in the work charged establishment of the Public Works Department initially on temporary basis but after 10 years of the service they were made permanent employees of 4 the Work Charged Establishment of the Public Works Department of the Government of Chhattisgarh. During their services they enjoyed all the benefits such as; regular pay, dearness allowances, medical allowances, house rent, city compensatory allowances, earned leave, casual leave as revised from time to time. 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. 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 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 5 (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. 7. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi