1 2025:CGHC:8030 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1213 of 2025 1 - Ramaram S/o Kandasu Bhagat Aged About 68 Years Retired Pump Operator From Office Of Executive Engineer, Water Resources Division Balrampur, R/o Village- Karkali (P), Tahsil - Kusmi, Distt.- Balrampur- Ramanujganj (C.G.) 2 - Smt. Ahilya Sinha W/o Late Baijnath Sinha Aged About 63 Years R/o Ward No.- 3, Nagar Panchayat Kusmi, Tahsil- Kusmi, District- Balrampur- Ramanujganj (C.G.), Late Baijnath Prasad Sinha Died On 17-05-2020 Was Working In The Office Of Executive Engineer, Water Resources Division Balrampur (C.G.) 3 - Smt. Mahanti Prajapati W/o Late Krishna Ram Aged About 45 Years R/o Ward No.- 2, Nagar Panchayat Kusmi, Tahsil- Kusmi, District- Balrampur-Ramanujganj (C.G.), Late Krishna Ram Died On 14-12-2014 Was Working In The Office Of Executive Engineer, Water Resources Division Balrampur (C.G.) 4 - Smt. Sukhmaniya Bargaah W/o Late Jitan Ram Aged About 69 Years R/o Village- Sibildag, Tahsil- Kusmi, District- Balrampur- Ramanujganj (C.G.), Late Jitan Ram Died On 06-06-2017 Was Working In The Office Of Executive Engineer, Water Resources Division Balrampur (C.G.) 5 - Gurusharan Prasad Napit S/o Kamta Prasad Napit Aged About 68 Years Retired Time Keeper, R/o Village- Ajirama, Gandhi Nagar Ambikapur, Tahsil- Ambikapur, Distt.- Surguja (C.G.) 6 - Mohammad Faheem Khan S/o Abdul Hameed Khan Aged About 63 Years Retired Jeep Driver From Office Of Executive Engineer, Water YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.02.17 15:01:56 +0530 2 Resource Division No. 1 Ambikapur, R/o Village- Maszid Road Ambikapur, Tahsil - Ambikapur, Distt.- Surguja (C.G.) ... Petitioners versus 1 - State Of Chhattisgarh Through- The Secretary, Water Resources Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nava Raipur, District- Raipur (C.G.) 2 - Engineer in Chief Water Resources Department, Shivnath Mandal, North Block, Sector- 19, Atal Nagar, Nava Raipur, District- Raipur (C.G.) 3 - Chief Engineer Hasdeo Ganga Kachhar, Water Resources Department, Ambikapur, District- Surguja (C.G.) 4 - Executive Engineer Water Resources Division Balrampur, Distt.- Balrampur-Ramanujganj (C.G.) 5 - Executive Engineer Water Resources, Division - 1 Ambikapur, Distt.- Surguja (C.G.) ... Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. Aakash Singh, Advocate For State/Respondents : Mr. Kanwaljeet Singh Saini, P.L. Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 14.02.2025 1. Heard Mr. Aakash Singh, learned counsel for the petitioners and Mr. Kanwaljeet Singh Saini, learned Panel Lawyer, appearing for the State/respondents. 2. 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 issue the direction for the 3 respondent authorities to grant the benefit of leave encashment.” 3. Learned counsel for the petitioners submits that petitioners No.1, 5 and 6 as well as husbands of petitioners of 2 to 4 are retired employees of the respondent department, who were worked as work charged employees. 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. 4. 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. 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 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 4 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 writ petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Yogesh