1 2025:CGHC:7234 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1118 of 2025 1 - Ram Gulal Nishad S/o Jit Ram Nishad Aged About 62 Years Retired Work Charged Employee, R/o Village Khursidih, Post Borai, Tehsil Durg, District Durg, Chhattisgarh. 2 - Kaushal Singh Rajput S/o Chandu Singh Rajput Aged About 67 Years Retired Work Charged Employee, R/o Ward No. 16, Jayanti Nagar, Durg, Post Durg, Tehsil Durg, District Durg, Chhattisgarh. 3 - Vijay Kumar Sharma S/o Late Jawaharlal Sharma Aged About 67 Years Retired Work Charged Employee, R/o Ward No. 04, Village Nagpura, Post Nagpura, Tehsil Durg, District Durg, Chhattisgarh. 4 - Sukhdev Prasad Dewangan S/o Late Vishnu Prasad Dewangan Aged About 71 Years Retired Work Charged Employee, R/o Ward No. 44, Guru Ghasidas Ward, Gandhi Nagar, Kasaridih, Post Durg, Tehsil Durg, District Durg, Chhattisgarh. 5 - Sita Ram Sahu S/o Hiralal Sahu Aged About 62 Years Retired Work Charged Employee, R/o Village Arasnara, Post Nandkati, Tehsil Durg, District Durg, Chhattisgarh. 6 - Smt. Meena Roy W/o Late Chandrabhushan Roy Aged About 64 Years Retired Work Charged Employee, R/o L.I.G. 46, Hudco, Aamdinagar, Bhilai, Post Bhilai, Tehsil Bhilai, District Durg, VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 Chhattisgarh. 7 - Kunj Lal Verma S/o Sarju Ram Verma Aged About 63 Years Retired Work Charged Employee, R/o Ward No. 88, Sikola Basti, Post Durg, Tehsil Durg, District Durg, Chhattisgarh. ... Petitioners versus 1 - State Of Chhattisgarh Through The Chief Secretary, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 2 - State Of Chhattisgarh Through The Secretary, General Administration Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 3 - State Of Chhattisgarh Through The Secretary, Public Works Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 4 - State Of Chhattisgarh Through The Secretary, Department Of Finance, Accounts And Treasury, Govt. Of Chhattisgarh. Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 5 - The Executive Engineer Public Works Department Division 01 Durg, District Durg, Chhattisgarh. ... Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioners :- Mr. Anand Kumar Kujur, Advocate For State :- Mr. Vivek Sharma, Addl. A.G. ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 3 10.02.2025 1. By way of this writ petition, the petitioners have prayed for following reliefs:- “(i) That this Hon'ble Court may kindly be pleased to call for all the records pertaining to the case. (ii) That, this Hon'ble Court may kindly be pleased to issue writ/order/direction authorities to grant the to the respondent benefits of leave encashment to work charged and contingency employees on their retirement in accordance with the statutory rules, regulations and circulars issued by the respondent authorities and also based on the judgment passed by this Hon'ble Court 30.09.2022, in WPS No. 3870/2021. (iii) That, this Hon'ble Court may kindly be pleased to issue writ/order/direction to the respondent authorities to take appropriate decision within a reasonable period of time on the requests and representations preferred by the petitioners in accordance with the law and also based on the judgment passed by this Hon'ble Court on 30.09.2022, in WPS No. 3870/2021 to grant the benefits of leave encashment to work charged and contingency employees on their retirement. (iv) That, this Hon'ble Court may kindly be pleased to issue writ/order/direction similar to the order passed in WPS No. 3732/2023 passed 06.07.2023 on to the respondent authorities to immediately process the claim of all similarly placed persons in the light of the aforesaid decision of this High Court on the same subject-matter, within an outer limit of 120 days from the date of the receipt of the copy of the order. 4 (v) That any other relief/order which may be deem fit and just in the facts and circumstances of the case may kindly be granted.” 2. Learned counsel for the petitioners submits that petitioners are retired employees of the respondent department, who were working as class-IV employees in the Public Works 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 were entitled for leave encashment. 3. 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 the service to avail the benefit of leave encashment. 4. I have heard learned counsel for parties and perused the documents available in record. 5. Be that as it may, without commenting anything on the merits, this petition is disposed off 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 (Supra), their claim 5 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. 6. Accordingly, this petition stands disposed off with aforesaid observations and directions. sd/- (Amitendra Kishore Prasad) Judge Vishakha