1 2025:CGHC:6290 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 982 of 2025 1 - Abdul Sattar S/o Late Abdul Jabbar Aged About 63 Years Retired Tractor Chalak Posted At Office Of S.D.O. (E And M) Light Machinery Nalkoop And Gate Sub Division Sakri Water Resources Department District - Bilaspur (C.G.) 2 - Krapal Singh S/o Late Bhola Ram Sahu Aged About 68 Years Retired Kushal Sahayak Posted At Office Of S.D.O. Minimata Bango Bandh (E And M) Sub Division No. 1 Machadoli Water Resources Department District - Korba (C.G.) 3 - Ramdhani Ram S/o Late Mohit Ram Aged About 65 Years Retired Chowkidar Posted At Office Of S.D.O. (E And M) Light Machinery Nalkoop And Gate Sub Division Baikunthpur Water Resources Department District - Koriya (C.G.) 4 - Jugeshwar Das S/o Late Sukdev Das Aged About 65 Years Retired Chowkidar Posted At Office Of S.D.O. (E And M) Light Machinery Nalkoop And Gate Sub Division Ambikapur Water Resources Department District - Surguja (C.G.) 5 - Dhola Ram S/o Late Kanwal Say Aged About 68 Years Retired Akushal Sahayak Posted At Office Of S.D.O. (E And M) Light Machinery Nalkoop And Gate Sub Division Baikuthpur Water Resources Department District - Koriya (C.G.) 6 - Chhatram Yadav S/o Late Hariram Yadav Aged About 66 Years Retired Akushak Sahayak Posted At Office Of S.D.O.Hasdev Barrage Jal Prabandh Sub Division Darri/ Korba Water Resources Department District - Korba (C.G.) RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.02.17 19:34:36 +0530 2 7 - Smt. Meena Rajak W/o Late Ramadhar Rajak Aged About 63 Years R/o Irrigation Colony Rampur District - Korba (C.G.) Husband Of Petitioner Was Retired Chowkidar Posted At Office Of S.D.O.Hasdev Barrage Jal Prabandh Sub Division Rampur (Darri) Korba Water Resources Department District - Korba (C.G.) 8 - Smt. Santoshi Bai Shriwas W/o Late Kanhaiya Lal Shriwas Aged About 55 Years R/o Irrigation Colony Rampur Of Petitioner Was Retired Helper Posted At Office Of S.D.O. Hasdev Barrage Jal Prabandh Su Division Darri / Korba Water Resources Depratment District - Korba (C.G.) 9 - Smt. Kamla Bai W/o Kusu Lal Dhobi (Bareth) Aged About 56 Years R/o Irrigation Colony Rampur District - Korba (C.G.) Husband Of Petitioner Was Retired Dak Runner Posted At Office Of Executive Engineer Hasdeb Barrage Jal Prabandh Division Rampur / Korba Water Resources Department District - Korba (C.G.) 10 - Arun Meshram S/o Late Ganpat Meshram Aged About 51 Years R/o Irrigation Colony Rampur District - Korba (C.G.) Mother Of Petitioner Namely Kaushilya Bai Was Retired Sweeper Posted At Office Of S.,d.O. Hasdeb Barrager Jal Prabandh Sub Division Darri/ Korba Water Resources Department District - Korba (C.G.) 11 - Dwarika Prasad Shriwas S/o Late Takhat Singh Shriwas Aged About 68 Years Retired Kushal Sahayak Posted At Office Of S.D.O. Minimata Bango Nahar Sub Division 17 Water Resources Department Bilaspur District - Bilaspur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary Department Of Water Resources Mahanadi Bhawan Mantralaya Atal Nagar New Raipur District - Raipur (C.G.) 2 - Engineer In Chief Water Resources Department Shivnath Bhawan Atal Nagar New Raipur District - Raipur (C.G.) 3 - Chief Engineer Hasdeo Kachhar Water Resources Department Bilapur District -Bilaspur (C.G.) 3 4 - Chief Engineer Minimata (Hasdeo) Bango Pariyojna Bilaspur Water Resources Department District - Bilaspur (C.G.) 5 - Chief Engineer Hasdeo Ganga Kachhar Department Of Water Resources Ambikapur District - Surguja (C.G.) 6 - Executive Engineer (E And M) Light Machinery Nalkoop And Gate Division Sakri (Bilaspur) Water Resources Department District - Bilaspur (C.G.) 7 - Executive Engineer Minimata Bango Bandh Division No. 03 Machadoli Water Resources Department District - Korba (C.G.) 8 - Executive Engineer Jal Sanshadhan Division Baikunthpur Water Resources Department District - Koriya (C.G.) 9 - Executive Engineer Jal Sanshadhan Division No. 01 Ambikapur Water Resources Department District - Surguja (C.G.) 10 - Executive Engineer Hasdev Barrage Jal Prabandh Division Rampur / Korba Water Resources Department District - Korba (C.G.) 11 - Executive Engineer Hasdev Nahar Jal Prabandh Division Janjgir Water Resources Department District - Janjgir - Champa (C.G.) 12 - Joint Director Pension And Account Treasury Department Bilaspur Division District - Bilaspur (C.G.) 13 - Joint Director Pension And Account Treasury Department Surguja (Ambikapur) Division District - Surguja (C.G.) ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Mr. F.S. Khare with Ms. Nilu Kumari Singh, Advocates For State/Respondent(s) : Mr. Saumitra Kesharwani, Panel Lawyer Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 4 04/02/2025 1. Heard Mr. F.S. Khare with Ms. Nilu Kumari Singh, learned counsel petitioner/s as well as Mr. Saumitra Kesharwani, learned Panel Lawyer for State/respondents. 2. Since the matter is heard and decided finally, therefore, I.A. No.01/2025, which is an application for exemption from filing typed copies of annexure is allowed. 3. 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 allow the writ petition and be pleased to issue an order/direction to the respondent authorities to grant the benefit of leave encashment to the petitioners. 10.2 That, this Hon'ble Court may kindly be call for the records for its kind perusal which relates to petitioner’s matter. 10.3 Any other relief, which this Hon’ble Court may deem fit and proper, may also be passed in favour of the petitioners.” 4. Learned counsel for the petitioners submits that the respective petitioners were worked as work charged/contingency paid employees/permanent employee in the Water Resources department. Initially they were employed on temporary basis, thereafter their services were regularised. After completion of age of superannuation they retired from service. The husband of petitioner No.7 to 9 and mother of petitioner No.10 died after 5 retirement. As they were under contingency establishment, therefore, leave credited in the account of the work charged/contingency paid employees deserved to get encashment. Learned counsel for the petitioners 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. 5. 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 have completed the minimum period of service to avail the benefit of leave encashment. 6. I have heard learned counsel for parties and perused the documents available in record. 7. 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 (surpa), their claim shall be decided by the respondents in light of judgment of Faguvaram Patel (Supra) expeditiously preferably 6 within the period of ‘90 days’ from the date of submission of their said representation. 8. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi