1 2025:CGHC:5578 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 848 of 2025 1 - Marteen Toppo S/o Josep Toppo Aged About 66 Years R/o Ward No. 10 Fundurdihari Ambikapur Tahsil Ambikapur District - Sarguja (C.G.) 2 - Bhanta Ram S/o Late Jhaula Aged About 71 Years R/o Village And Post Parsa Tahsil Ambikapur District - Sarguja (C.G.) 3 - Ajar Sai S/o Late Bhoglu Ram Aged About 70 Years R/o Village Bakirama Tahsil Ambikapur District - Sarguja (C.G.) 4 - Smt. Jagmen Bai W/o Late Dular Sai Aged About 70 Years R/o Village Jagatpur Tahsil And District - Surajpur (C.G.) 5 - Smt. Sunita Sarkar W/o Late Shri Krishna Sarkar Aged About 53 Years R/o Ward No. 47 Gangapur Tahsil Ambikapur District - Sarguja (C.G.) 6 - Somar Sai S/o Photu Ram Aged About 73 Years Retired Chowkidar R/o Ward No. 20 Ambikapur D.C. Road Ambikapur Tahsil Ambikapur District - Sarguja (C.G.) ... Petitioners versus 1 - State Of Chhattisgarh Through The Secretary Water Resources Department Mahanadi Bhawan Mantralaya Nava Raipur District - Raipur (C.G.) 2 - Engineer In Chief Water Resources Department Shivnath Mandal North Block Sector - 19 Atal Nagar Nawa Raipur District - Raipur (C.G.) 3 - Chief Engineer Hasdev Ganga Kachhar Water Resources Department Raipur District - Raipur (C.G.) 4 - Executive Engineer Water Resource Division No. 1 Ambikapur District - Sarguja (C.G.) VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 5 - Joint Director Pension And Lok Lekha Deapartment Sarguja Division Sarguja (C.G.) ... Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioners :- Mr. Hemant Kesharwani, Advocate For State :- Mr. Kanwaljeet Singh Saini, 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:- “10.1) That, this Hon'ble Court may kindly be pleased to issue the direction for the respondent authorities to grant the benefit of leave encashment. 10.2) Any other relief as this Hon'ble Court may be pleased to grant.” 2. Learned counsel for the petitioner submits that petitioners No.1 to 3 & 6 are the retired employees and petitioners No.4 & 5 are the widow of the deceased retired employees of the respondent department, who were working as work charge employee in the Water Resources 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 & 6 and the husbands of petitioners No.4 & 5 were entitled for leave encashment. 3. Learned State counsel submits that sufficient documents have not 3 been filed by the petitioners and it is also not reflected as to whether the petitioners No.1 to 3 & 6 and the husbands of 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 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, petitioners No.1 to 3 & 6 and the husbands of 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