1 2025:CGHC:9692 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1425 of 2025 1 - Binoo Bek S/o Gagru Bek Aged About 39 Years R/o 269 Badepaneda Geedam Distt. South Bastar Dantewada C.G. 2 - Manoj Kumar Mandavi S/o Gopal Mandavi Aged About 27 Years R/o Kanhargaon Post Kanhargaon Distt. Narayanpur C.G. 3 - Sambati W/o Late Sukhchand Aged About 57 Years R/o Vill Dhaudai Distt. Narayanpur C.G. 4 - Mangaldei Nag W/o Mayaram Nag Aged About 67 Years R/o 02 Panarapara Kumaharraas Distt. South Bastar Dantewada C.G. ... Petitioners versus 1 - State of Chhattisgarh Through The Secretary, Public Works Department, Mahanadi Bhawan Mantralaya, New Raipur, Atal Nagar District Raipur (C.G.) 2 - The Engineer in Chief Public Works Department District Raipur (C.G.) 3 - The Chief Engineer (Administration) Public Works Department, District Raipur (C.G.) 4 - The Chief Engineer Public Works Department Jagdalpur Distt. Bastar C.G. 5 - The Superintendent Engineer Public Works Department Jagdalpur Distt. Bastar C.G Digitally signed by GOPAL SINGH Date: 2025.02.28 11:05:12 +0530 2 6 - The Executive Engineer Public Works Department (Bh/sa) Division South Bastar Distt. South Bastar Dantewada C.G. 7 - Divisional Joint Director Treasury Account And Pension Bastar Division Jagdalpur Distt. Bastar C.G. ... Respondents (Cause title is taken from Case Information System) For Petitioners : Shri Santosh Bharat, Advocate For State/Respondents : Shri Soumitra Kesharwani, Panel Lawyer Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 25/02/2025 1. By this petition, the petitioners seek the following reliefs: “10.1 To issue an appropriate writ or order to direct the respondent's authority to grant the benefits of leave encashment in favour of the petitioners. 10.2 Any other relief deemed fit in the facts and circumstances including award of cost of the petition may also be granted.” 2. Learned counsel appearing for the petitioners submits that the petitioners are legal representatives of the deceased employees who were working as work charged contingency paid employees under the Public Works Department. Initially, they were employed on temporary basis, thereafter, their services were regularised. After completion of age of superannuation, they retired from the services. Now they have expired. The respondents authorities granted pension and gratuity, but, benefit of leave encashment is not granted. It is the claim of the petitioners that in light of the judgment passed by this Court on 30.9.2022 in Writ Petition (S) No.3870 of 2021 (Faguvaram Patel and 3 others v. State of Chhattisgarh and others) and other connected matters, the petitioners are entitled for leave encashment. 3. Learned counsel appearing for the State/respondents submits that sufficient documents have not been filed by the petitioners and it is also not reflected as to whether the deceased employees had completed the minimum period of service to avail the benefit of leave encashment. 4. I have heard the arguments raised on behalf of the parties and perused the documents available. 5. Be that as it may, without commenting anything on merits of the case, the instant writ petition is disposed of giving liberty to the petitioners to make a detailed representation before the concerned respondent/competent authority within a period of 30 days from the date of receipt of a 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 shall be decided by the respondents authorities in light of the judgment of Faguvaram Patel (supra) expeditiously preferably within a period of 90 days from the date of submission of the said representation. 6. With the aforesaid observations and directions, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) JUDGE Gopal Singh