1 2025:CGHC:8280 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1266 of 2025 1 - Umashankar Shriwas S/o Ram Sahai Aged About 68 Years Chhuikhadan, Tahsil Chhuikhadan, District Khairagarh-Chhuikhadan- Gandai (C.G.) 2 - Narad Prasad Choubey S/o Jethu Prasad Choubey Aged About 68 Years Chhuikhadan, Tahsil Chhuikhadan, District Khairagarh- Chhuikhadan-Gandai (C.G.) 3 - Manik Lal Shriwas S/o Ram Sahai Aged About 70 Years Chhuikhadan, Tahsil Chhuikhadan, District Khairagarh-Chhuikhadan- Gandai (C.G.) 4 - Madhu Mangal Singh Thakur S/o Jaipal Singh Thakur Aged About 69 Years Chhuikhadan, Tahsil Chhuikhadan, District Khairagarh- Chhuikhadan-Gandai (C.G.) 5 - Vinayak Manobiya S/o Bhakku Ram Mohobiya Aged About 73 Years Chhuikhadan, Tahsil Chhuikhadan, District Khairagarh-Chhuikhadan- Gandai (C.G.) 6 - Awadh Ram Shriwas S/o Thanwar Shriwas Aged About 72 Years Chhuikhadan, Tahsil Chhuikhadan, District Khairagarh-Chhuikhadan- Gandai (C.G.) 7 - Laxminarayan S/o Ramchand Yadav Aged About 69 Years Chhuikhadan, Tahsil Chhuikhadan, District Khairagarh-Chhuikhadan- Gandai (C.G.) 8 - Gopi Ram Deshmukh S/o Punu Ram Deshmukh Aged About 65 RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.02.19 15:02:50 +0530 2 Years Chhuikhadan, Tahsil Chhuikhadan, District Khairagarh- Chhuikhadan-Gandai (C.G.) 9 - Krishna Kumar Deshmukh S/o Kunj Lal Deshmukh Aged About 69 Years Chhuikhadan, Tahsil Chhuikhadan, District Khairagarh- Chhuikhadan-Gandai (C.G.) 10 - Bahal Singh Thakur S/o Ganesh Singh Thakur Aged About 67 Years Chhuikhadan, Tahsil Chhuikhadan, District Khairagarh- Chhuikhadan-Gandai (C.G.) 11 - Subhash Mahobiya S/o Tula Ram Aged About 67 Years Chhuikhadan, Tahsil Chhuikhadan, District Khairagarh-Chhuikhadan- Gandai (C.G.) 12 - Chhanak Ram S/o Joidha Ram Aged About 66 Years Chhuikhadan, Tahsil Chhuikhadan, District Khairagarh-Chhuikhadan-Gandai (C.G.) 13 - Virendra Kumar Mahobiya S/o Jagdish Mahobiya Aged About 65 Years Chhuikhadan, Tahsil Chhuikhadan, District Khairagarh- Chhuikhadan-Gandai (C.G.) 14 - Jhamman Yadav S/o Ful Singh Yadav Aged About 68 Years R/o Village Shyampur, Tahsil Chhuikhadan, District Khairagarh- Chhuikhandan-Gandai (C.G.) 15 - Chintaharan Singh S/o Angdhwaj Singh Aged About 69 Years R/o Village Badhaitola, Tahsil Khairagarh, District Khairagarh- Chhuikhandan-Gandai (C.G.) 16 - Devendra Kumar Chandrakar S/o Hanuman Prasad Chandrakar Aged About 68 Years R/o Laxmanpur, Tahsil Chhuikhadan (C.G.) 17 - Madhav Ram S/o Makhan Chandrakar Aged About 65 Years R/o Bhathapara, Tahsil Chhuikhadan, District Khairagarh-Chhuikhadan- Gandai (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Water Resources Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District Raipur (C.G.) 3 2 - Superintendent Engineer Mahanadi Mandal, Water Resources Department, Raipur, Tahsil And District Raipur (C.G.) 3 - Chief Engineer Mahanadi Pariyozna, Shankar Nagar, Raipur, District Raipur (C.G.) 4 - Executive Engineer Water Resources Department, Chhuikhadan, District Khairagarh-Chhuikhadan-Gandai (C.G.) 5 - The Joint Director Treasury, Accounts And Pension, Rajnandgaon Division, District Rajnandgaon (C.G.) ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Ms. Prachi Singh, Advocate For State/Respondent(s) : Mr. S. Badgaiya, Dy. Government Advocate Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 18/02/2025 1. Heard Ms. Prachi Singh, learned counsel petitioners as well as Mr. S. Badgaiya, learned Dy. Government Advocate for State/respondents. 2. 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 an appropriate writ, thereby directing the respondent authorities to grant the benefits of leave encashment of 120 days as per the orders dated 30.09.2022 & 05.03.2024 passed by the Hon'ble Court in identical case bearing Writ Petition (S) No. 3870/2021 & 1404/2024, with interest from the date of 4 entitlement to its actual payment. 10.2 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.” 3. Learned counsel for the petitioners submits that the petitioners were working under the respondents department and upon completion of age of superannuation; they have been retired from service. It is submitted that after superannuation, the petitioners are entitled to get the benefits of 120 days leave encashment, but the said benefits have not been extended in favour of petitioners, in an illegal, arbitrary and discriminatory manner. In identical matter bearing Writ Petition (S) No. 3870/2021 & 1404/2024, the Hon'ble Court has passed order on 30.09.2022 & 05.03.2024 and the case of petitioners is also identical to the said order. Pursuant to the order of the Hon'ble Court, the benefits of leave encashment for the period of 120 days has been sanctioned by order dated 18.01.2024. 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. 4. Learned State counsel submits that sufficient documents have not been filed by the petitioners and it is also not reflected as to 5 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 (surpa), their 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 their said representation. 7. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi