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2026 DAILYLAW 11379 (CHH)

SWADESH KUMAR NIRMALKAR v. STATE OF CHHATTISGARH

WPS/14168/2025 · 2026-01-05

Shri Parth Prateem Sahu

body2026

Judgment text

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1 / 3 2026:CGHC:591 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 14168 of 2025 1 - Swadesh Kumar Nirmalkar S/o Late Kanglu Ram Nirmalkar Aged About 63 Years Retired Sthal Sahayak Posted At Office Of Executive Engineer Jal Sanshadhan, Division Kabirdham Water Resources Department District- Kabirdham (C.G.) R/o Mathpara Radhakrishna Ward No. 12 Kawardha District- Kabirdham (C.G.) 2 - Chandra Kishore Singh S/o Late Harinarayan Singh Rajpur Aged About 63 Years Retired Nalkoop Chalak Posted At Office Of S.D.O. (E And M) Light Machinery Nalkoop And Gate Sub Division Rajnandgaon Water Resources Deaprtment District- Rajnandgaon (C.G.) R/o Village Arjani Tashil And District- Rajnandgaon (C.G.) 3 - Prem Lal Sahu S/o Late Dwarika Das Sahu Aged About 63 Years Retired Nalkoop Chalak Posted At Office Of S.D.O. (E And M) Light Machinery Nalkoop And Gate Sub Division Rajnandgaon Water Resources Deaprtment District- Rajnandgaon (C.G.) R/o Hno No. 71/3 Ward No/ 06, Pendarwani Thasil And District- Rajnandgaon (C.G.) 4 - Smt. Annpurna Bai Yadav W/o Late Vishnu Prasad Yadav Aged About 63 Years Retired Shikshit Sahayak Posted At Office Of S.D.O. (E And M) Light Machinery Nalkoop And Gate Sub Division Durg Water Resources Deaprtment District- Durg (C.G.) R/o H.No. 346 Near Bajrang Hotel Beloudi Road Ward No. 57, Urla Tahsil And District- Durg (C.G.) ... Petitioners versus ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2026.01.07 11:22:01 +0530 2 / 3 1 - State Of Chhattisgarh Through Secretary, Water Resources Department, Mahanadi Bhawan, Mantralaya, New Raipur District- Raipur (C.G.) 2 - Engineer In Chief Water Resources Department, Sihawa Bhawan New Raipur District- Raipur (C.G.) 3 - Chief Engineer Mahanadi Godavari Kachhar Water Resource Department Raipur District- Raipur (C.G.) 4 - Executive Engineer Jal Sanshadhan Division Kabirdham Water Resources Department District- Kabirdham (C.G.) 5 - Executive Engineer (E And M) Light Machinery Nalkoop And Gate Division Durg Water Resources Department, District- Durg (C.G.) 6 - Joint Director Pension And Account Treasury Department Durg Division, District- Durg (C.G.) ... Respondents For Petitioner : Ms. Padmini Kurrey, Advocate For State : Mr. Khulesh Sahu, Panel Lawyer S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 06/01/2026 1. Learned counsel for the petitioners submits that the petitioners who stood retired as Work Charged and Contingency Paid Employees are entitled for leave encashment but till date respondents have not extended the benefit of leave encashment to petitioners. Identical issue came up for hearing before this Court in case of Faguvaram Patel & Ors. Vs. State of C.G., in W.P.(S) No. 3870 of 2021 decided on 30.09.2022, wherein petitioners have raised identical issue which was allowed in their favour. He submits that at this stage, petitioners may 3 / 3 be permitted to submit representation in light of Faguvaram Patel (supra) and respondents be directed to decide the representation to be submitted by petitioners expeditiously within specified time. 2. Learned State counsel submits that as petitioners are not pressing this petition on merits and is only seeking a direction to decide the representation to be submitted by petitioners, at this stage, he is having no objection. 3. I have heard learned counsel for the parties and perused the documents available on record. 4. Taking into consideration the limited prayer made by learned counsel for the petitioners, this petition is disposed of permitting the petitioners to make fresh representation. In the event, petitioners submit representation, their claim shall be considered and decided in accordance with law, expeditiously, preferably within a period of three months from the date of receipt of representation keeping in mind decision in case of Faguvaram Patel (supra). 5. Accordingly, this petition is disposed of with aforesaid observation and direction. Certified copy as per rules. sd/- (Parth Prateem Sahu) Judge Alfiza