1 2025:CGHC:8035 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1230 of 2025 1 - Srawan Kumar Tiwari S/o Shri Tirupati Prasad Tiwari Aged About 63 Years R/o Village- Semra Ward No. 06 P.S. And Tehsil Navagarh District- Janjgir- Champa ( C.G. ). ( Petitioner Retired On 30/06/2024 From The Post Of Sthal Sahayak ) 2 - Radheshyam Yadav S/o Shri Uday Aged About 63 Years R/o Ward No. 4 Yadav Mauhalla P.S. And Tehsil Baloda Distt- Janjgir- Champa ( C.G. ). ( Petitioner Retired On 30/11/2024 From The Post Of Sthal Sahayak ) ... Petitioner(s) versus 1 - The State Of Chhattisgarh Through- Secretary, Water Resource Deaprtment, Mahanadi Bhawan, Nava Raipur, Distt- Raipur (C.G.). 2 - Enginner In Chief Water Resource Department, Shivnath Bhawan, Nava Raipur, Distt- Raipur (C.G.). 3 - Engineer In Chief Minimata Hasdeo Bango Project Bilaspur (C.G.). 4 - Superintendent Engineer Kelo Dam Project Board, Kharsiya Distt- Raigarh. (C.G.). 5 - Executive Engineer Water Management Survey And Dam Construction Division No. 01 Kharsiya Distt- Raigarh ( C.G. ). Water Resource Department, Janjgir, Distt- Janjgir-Champa (C.G.). 6 - Superintendent Engineer Project Division Water Resource Department, Rampur, Korba Distt- Korba (C.G.). 7 - Executive Engineer Hasdeo Canal Water Department Division Water Resource Department, Janjgir, Distt- Champa ( C.G. ). ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Ms. Chetna Sharma, Advocate For State/Respondent(s) : Mr. Soumitra Kesharwani, Panel Lawyer 2 Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 14/02/2025 1. Heard Ms. Chetna Sharma , learned counsel petitioners as well as Mr. Soumitra Kesharwani, learned Panel Lawyer for State. 2. By way of this writ petition, the petitioners have prayed for following reliefs: “10.1. That, Hon'ble Court may kindly be pleased to call for the records of the case from the respondent authorities. 10.2. That, Hon'ble Court may kindly be pleased to direct the respondent authorities by issuance of appropriate writ / writs, order / orders, direction / directions to grant leave encashment and interest over it for the delay in payment. 10.3. That, Hon'ble Court may kindly be disposed of this writ petition in light of judgment delivered in WPS No. 3870/2021 by this Hon’ble Court (Annexure P/3). 10.4 Any other relief, including the cost of this petition, as it appears to be fit and appropriate to this Hon’ble Court.” 3. Learned counsel for the petitioners submits that the respective petitioners were work charged contingency paid employees with the Water Resource Department (Irrigation Department). 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 & Ors. Vs. State of Chhattisgarh & Ors.) and other connected matters 3 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 Digitally signed by SHAYNA KADRI