1 2025:CGHC:8285 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1286 of 2025 1 - Sukhdev Ram Verma S/o Brijlal Verma Aged About 72 Years The Retired Work Charged Employee, R/o Street No. 03, Ward No. 42, Subhashnagar, Near Vainsasur Mandir, Post Durg, Tehsil Durg, District Durg (C.G.). 2 - Nirmala Thakur W/o Late D. Haridas Aged About 69 Years The Retired Work Charged Employee, R/o House No., 103, Ward No. 41, Shastri Chawk Kelabadi, Post Durg, Tehsil Durg, District Durg, (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Chief Secretary, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.). 2 - State Of Chhattisgarh, Through The Secretary, General Administration Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.). 3 - State Of Chhattisgarh Through The Secretary, Public Works Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.). 4 - State Of Chhattisgarh, Through The Secretary, Department Of Finance, Accounts And Treasury, Govt. Of Chhattisgarh, Mantralaya, Mahanadi. 5 - The Executive Engineer, Public Works Department Division No. 01 Durg, District Durg (C.G.). ... Respondent(s) RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.02.19 15:12:50 +0530 2 (Cause-title taken from Case Information System) For Petitioner(s) : Mr. Anand Kumar Kujur, Advocate For State/Respondent(s) : Ms. Shailja Shukla, Dy. GA Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 18/02/2025 1. Heard Mr. Anand Kumar Kujur, learned counsel petitioners as well as Ms. Shailja Shukla, learned Dy Government Advocate for State/respondents. 2. 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 to the respondent authorities to grant the 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 on 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 3 issue writ/order/direction similar to the order passed in WPS No. 3732/2023 passed on 06.07.2023 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. (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.” 3. Learned counsel for the petitioners submits that the petitioners were appointed in the work charged establishment of the Public Works Department initially on temporary basis but after 10 years of the service, they were made permanent employees of the Work Charged Establishment of the Public Works Department of the Government of Chhattisgarh. As per the Chhattisgarh Work Charged And Contingency Paid Employees Leave Rules, 1977, petitioners are entitled for benefits of leave encashment, as there is no prohibition in release of leave encashment amounts to petitioners under the Rules, therefore, leave credited in the account of the work charged / contingency paid employees deserved to get encashment. Learned counsel for the petitioners further 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 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 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 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 their said representation. 7. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi