1 2025:CGHC:7678 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1194 of 2025 1 - Parbhaker Shende S/o Late Shri, S.R. Shende Aged About 62 Years R/o. I/3, P.W.D. Colony, Kanker, Thana, Tahsil And District- North Bastar, Kanker, ( C.G. ) ( His Name Wrongly Mentioned As Prabhakar In Annexure P-1 ) 2 - Vimal Ram S/o Late Shri Sugundas Aged About 64 Years R/o House No. 32, Sadkpara, Kulgaon Thana, Tahsil And District- North Baster, Kanker ( C.G. ). 3 - Shyamsunder S/o Late Shri Bagawansing Sinha Aged About 65 Years R/o Ward No. - 03, Kanker District- North Baster, Kanker ( C.G. ). 4 - Khem Ram Rajak S/o Late Shri Dasrath Rajak Aged About 62 Years R/o Jawahar Ward No.- 3 Kanker, District- North Baster, Kanker ( C.G. ). 5 - Ramavatar Soni S/o Late Shri, Rangdev Soni Aged About 68 Years R/o 76 Bichpara, Dhanora, Dudhawa, Kanker District- North Baster, Kanker ( C.G. ). 6 - Rupdhar Yadav S/o Late Shri M.R. Yadav Aged About 70 Years R/o Village And Post- Aaurgaon, Awaspara, District-- North Baster, Kanker. ( C.G. ). ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- The Secretary,, Public Works Department Mahanadi Bhawan, Atal Nagar, New Raipur, District- Raipur (C.G.). 2 - The Executive Engineer Public Works Department, Kanker, District- North Baster, Kanker (C.G.). 3 - The Executive Engineer Public Works Department Bhanupratapur, District- North Baster, Kanker (C.G.). 4 - The Executive Engineer National Highway, Public Works Department, Jagdalpur District- Baster At Jagdalpur (C.G.). 5 - Sub Divisonal Officer National Highway Sub- Division- Kanker, District- North Baster, (C.G.). ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Mr. Somkant Verma, Advocate For State/Respondent(s) : Mr. Soumitra Kesharwani, Panel Lawyer Digitally signed by SHAYNA KADRI 2 Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 13/02/2025 1. Heard Mr. Somkant Verma, learned counsel petitioners as well as Mr. Soumitra Kesharwani, learned Panel Lawyer 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 benefit of leave encashment of 120 days to the petitioners as per the order dated 30.09.2022 passed by this Hon'ble court in identical case (Faguvaram Patel & others Vs State of Chhattisgarh), within stipulated. 10.2 Any other relief, which this Hon'ble Court may deem fit.” 3. Learned counsel for the petitioners submits that the petitioners are entitled for leave encashment of 120 days from the department. Petitioners were appointed under establishment of Work Charged Contingency Paid Employee, they joined service under same scheme and retired from service from different place of posting and posts, they completed requisite length of service for calculation of pension. 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 3 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 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