1 2025:CGHC:6827 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1071 of 2025 1 - Ashwani Kumar Gond S/o Lateshri Malechhram Gond Aged About 63 Years R/o Ward No. 03 Majhod Para Parsahi Nala Tahsil Akaltara District - Janjgir - Champa (C.G.) 2 - Smt. Sharan Bai Rathiya Wd/ Roop Singh Rathiya Aged About 66 Years R/o Ward No. 08 Darrabhatha Tundari District - Sakti (C.G.) 3 - Punau Ram Yadav S/o Sajuram Yadav Aged About 63 Years R/o House No. 420 Ward No. 17 Gond Para Village Kurda Champa District - Janjgir - Champa (C.G.) 4 - Balbhadra Prasad Rathore S/o Jhagaru Ram Rathore Aged About 63 Years R/o Ward No. No. 01 Village Khokhra Putpura Road Tahsil Janjgir District - Janjgir - Champa (C.G.) 5 - Smt. Mana Bai Sahu D/o Jhadu Ram Sahu Aged About 74 Years R/o Ward No. 03 Village Barduli Tahsil Jaijaipur District - Sakti (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary Department Of Public Works Department Mantralaya Atal Nagar Naya Raipur District - Raipur (C.G.) 2 - Superintending Engineer Public Works Department Bilaspur Circle Bilaspur (C.G.) 3 - Executive Engineer Pwd Champa Division District - Janjgir Champa (C.G.) 4 - Joint Director Treasury Account And Pension District - Janjgir - Champa (C.G.) ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Mr. Atul Kumar Kesharwani, Advocate For State/Respondent(s) : Ms. Nupur Trivedi, Panel Lawyer Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board SHAYNA KADRI Digitally signed by SHAYNA KADRI 2 06/02/2025 1. Heard Mr. Atul Kesharwani, learned counsel petitioners as well as Ms. Nupur Trivedi, learned Panel Lawyer for State/respondents. 2. By way of this writ petition, the petitioners have prayed for following reliefs: “10.1. The Hon'ble Court may kindly be pleased direct the respondent authorities to grant benefit of leave encashment to the petitioners in accordance with the Rule 1977 with all consequential benefit within stipulated time. 10.2. The Hon'ble Court may kindly be pleased to direct the respondents to consider and decide the representation for grant of leave encashment to the petitioners in accordance with law. 10.3. This Hon'ble Court may kindly be pleased to grant any other writ/writs, order orders, relief/reliefs in favour of the Petitioners, which the Hon'ble Court may deem fit and just in the facts and circumstances of the case, including award of the costs to the Petitioners.” 3. Learned counsel for the petitioners submits that the respective petitioners were initially appointed on temporary basis on the post of Unskilled Labour in the Public Works Department. Petitioners were discharging their duty up to the satisfaction of their superior authorities without any complaint and subsequently they have become permanent employees and have retired from their services. During their service, the Petitioners have performed their duties and obligations bestowed upon them with utmost sincerity and to the best of their capabilities with an unblemished service record. He submits that in the light of judgment passed by this Court in Writ Petition (S) No.3870 of 2021 (Faguvaram Patel & 3 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 (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 Shayna