1 2025:CGHC:8283 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1283 of 2025 1 - Shiv Kumar Kashyap S/o Bhagat Ram Aged About 76 Years R/o Ring Road No. 1 Gangapur, Ambikapur, District Surguja Chhattisgarh. 2 - Brijhu Ram S/o Rupan Kujur Aged About 63 Years R/o Ward No. 16, Ajirma, Post - Raghawpuri, District - Surajpur Chhattisgarh. ... Petitioner(s) versus 1 - The State Of Chhattisgarh Through Secretary, Water Resource Department, Mahanadi Bhawan, Nava Raipur, Distt - Raipur Chhattisgarh 2 - The State Of Chhattisgarh Through Secretary, General Administration Department, Mahanadi Bhawan, Nava Raipur, Distt - Raipur Chhattisgarh. 3 - The State Of Chhattisgarh Through Secretary, Finance Department, Mahanadi Bhawan, Nava Raipur, Distt - Raipur Chhattisgarh. 4 - Superintendent Engineer Department Of Water Resources, Ambikapur Division, Surguja, Distt - Surguja Chhattisgarh. 5 - Executive Engineer Water Resources, Ambikapur Division No. 1, Surguja, Distt - Surguja Chhattisgarh. 6 - Executive Engineer Water Resources, Ambikapur Division No. 2, Surguja, Distt - Surguja Chhattisgarh. RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.02.19 15:08:52 +0530 2 7 - Joint Director Pension And Account Treasury Department, Ambikapur Division, Surguja, Distt - Surguja Chhattisgarh ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Mr. Sajal Kumar Gupta, Advocate For State/Respondent(s) : Mr. Saumitra Kesharwani, Panel Lawyer Hon'ble Shri Justice Amitendra Kishore Prasad Order Sheet 18/02/2025 1. Heard Mr. Sajal Kumar Gupta, learned counsel petitioners as well as Mr. Saumitra Kesharwani, learned Panel Lawyer for State/respondents. 2. By way of this writ petition, the petitioner has prayed for following reliefs: “10.1 That this Hon'ble Court may kindly be pleased to direct the Respondents Authorities by issuance of appropriate writ/writs, order/orders, direction/directions to grant leave encashment and interest over it for the delay in payment of the petitioners in the light of order dated 30.09.2022 passed in Faguvaram Patel & Ors. Vs. State of Chhattisgarh & Others, in WPS No.3870 of 2021. 10.2. 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 petitioner submits that the petitioner No. 1 is retired employee of the Department of water Resources and posted in the under the office of Superintendent Engineer, 3 Department of Water Resources, Ambikapur Division, Surguja, Distt-Surguja C.G. The Petitioner No.1 was appointed as Bill Distributor in the respondent department and retired in the years 30.06.2020, which can be ready reference from his PPO Order, whereas, the petitioner No.2 is retired employee of the Department of water Resources and posted in the under the office Superintendent Engineer, Department of Water Resources Ambikapur Division, Surguja, Distt- Surguja C.G. The petitioner No 2 was appointed as Helper in the respondent department after long services he retired on 30.06.2024. 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. 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. 4 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