1 2025:CGHC:6920 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1041 of 2025 1 - Smt. Sukun Bai Wd/o Late Hori Lal Yadav Aged About 64 Years R/o Village- Badha Pali, Post- Pidia, Tehsil- Kartala, District Korba, Chhattisgarh. 2 - Mukhdev S/o Late Lakhan Aged About 63 Years R/o Village- Machadoli, Post- Podi Uproda, District Korba, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Water Resource Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh. 2 - Engineer In Chief Water Resources Department , Sihawa Bhawan New Raipur, District Raipur, Chhattisgarh. 3 - Executive Engineer Water Resource Division, Pendra Road, District Bilaspur, Chhattisgarh. 4 - Executive Engineer Mini Mata Bango Bandh, Division No. 3, Machadoli, District Korba, Chhattisgarh. 5 - Joint Director, Treasury, Account And Pension, Bilaspur, District Bilaspur, Chhattisgarh. ... Respondents For Petitioners : Mr. R.K. Verma, Advocate For State/Respondents : Mr. Rishabh Bisen, Panel Lawyer Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 06.02.2025 1. Heard Mr. R.K. Verma, learned counsel for the petitioners and Mr. Rishabh Bisen, learned Panel Lawyer, appearing for the State/respondents. 2. Learned counsel for the petitioners submits that he is not pressing I.A. No.1, application for exemption from filing typed copy of the documents as he has filed typed and legible copies of the documents. YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.02.07 17:43:43 +0530 2 3. In view of the above, I.A. No.1 is dismissed as not pressed. 4. By filing this writ petition, the petitioners have prayed for following relief(s):- “10.1 That this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioners. 10.2 That this Hon’ble Court may kindly be pleased to direct the respondents to grant/disburse the amount of leave encashment to the petitioners with interest, in the interest of justice. 10.3 That, any other relief which the Hon’ble Court may deemed fit and proper also be granted to the petitioners, in the interest of justice.” 5. Learned counsel for the petitioners submits that husband of the petitioner No.1 and petitioner No.2 himself are retired employees of the respondent department, who was worked charged employees working under the respondent 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 are entitled for leave encashment. 6. 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. 3 7. I have heard learned counsel for parties and perused the documents available in record. 8. Be that as it may, without commenting anything on the merits, this writ petition is disposed of giving liberty to the petitioners to make detailed representations 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 the said representation. 9. Accordingly, this writ petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Yogesh