1 2025:CGHC:6211 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 936 of 2025 1 - Fagun Singh Markam S/o Amar Singh Aged About 69 Years R/o Gandhi Chowk, Chhuri Khurd, Post- Chhuri, Korba, Distt- Korba, C.G. ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Water Resource, Mahanadi Bhawan, Naya Raipur, Distt. Raipur, C.G. 2 - The Secretary Department Of General Adminisration, Mahanadi Bhawan, Naya Raipur, Distt.- Raipur, C.G. 3 - The Secretary Department Of Finance, Mahanadi Bhawan, Naya Raipur, Distt.- Raipur, C.G. 4 - Engineer-In-Chief Water Resource Department, Shivnath Bhawan, Sector- 19, Naya Raipur, Distt.- Raipur, C.G. 5 - Chief Engineer Minimata Hasdeo Bango Project, Water Resource Department, Bilaspur, C.G. 6 - Superintendent Engineer Kelo Project Dam Circle, Kharsiya Distt.- Raigarh, C.G. 7 - Executive Engineer Water Resource Survey And Barrage Construction, Division- 1, Kharsiya Distt.- Raigarh, C.G. ... Respondent(s) (Cause-title taken from Case Information System) RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.02.17 19:31:16 +0530 2 For Petitioner : Ms. Akansha Singh, Advocate For State/Respondent(s) : Mr. Akhilesh Kumar, GA Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 04/02/2025 1. Heard Ms. Akansha Singh, learned counsel petitioner as well as Mr. Akhilesh Kumar, learned Government Advocate for State/respondents. 2. By way of this writ petition, the petitioner has prayed for following reliefs: “10.1 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ by directing the respondent authorities to consider the case of the petitioner for grant of leave encashment and appropriate orders be passed for releasing of leave encashment alongwith interest within two months from the date of order, in the interest of justice. 10.2 Any other relief which this Hon'ble Court may deem fit and proper in favour of the petitioner may kindly be passed. 10.3 Cost of the petition may be awarded.” 3. Learned counsel for the petitioner submits that the petitioner was working on the post of Patra Vahak in the office of respondents as Work Charged and Contingency Employee and stood retired on 31.03.2018. The petitioner has been receiving pension. The petitioner is also entitled for the Leave Encashment. The 3 respondent authorities have started paying pension to the petitioner and in addition to this, the petitioner is also entitled for grant of Leave Encashment but till date benefit of leave encashment has not been extended to the petitioner. 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 petitioner is 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 petitioner has 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 petitioner 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 his claim. In the event of filing of representation, on due verification, if the petitioner is found to be similarly situated persons, as in the case of Faguvaram Patel (surpa), his claim shall be decided by the respondents in light of judgment of Faguvaram Patel (Supra) expeditiously preferably 4 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