Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 34522 (CHH)

DURGESH SHARMA v. STATE OF CHHATTISGARH

WPS/6410/2026 · 2026-08-31

Shri Bibhu Datta Guru

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CGHC010326202026 2026:CGHC:38704 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6410 of 2026 1 - Durgesh Sharma S/o Mohanlal Sharma Aged About 64 Years Retired From The Post Of Helper (Contingency)- Office Of Executive Engineer, Phe, M.C.B. R/o Ward No. 2, Amakherwa, Manendragarh, District- Manendragarh- Chirmiri-Bharatpur (C.G.) 2 - Ram Sai S/o Jagarnath Aged About 63 Years Retired From The Post of Chowkidar (Contingency)- Office of Executive Engineer, Phe, Baikunthpur, Korea, R/o Ward No. 11, Patrapati, Baikunthpur, District- Korea (C.G.) 3 - Mayamati Devi Sharma W/o Hitler Sharma Aged About 54 Years Late Hitler Sharma Died Working on The Post of Helper (Contingency), Executive Engineer, PHE, Ambikapur, Surguja, R/o 5/1 Uparpara, Sitapur District- Surguja (C.G.) ... Petitioners versus 1 - State of Chhattisgarh Through Secretary, Public Health Engineering Department, Mahanadi Bhawan, Atal Nagar, New Raipur, District- Raipur Chhattisgarh 2 - The Engineer-In-Chief Public Health Engineering Department, Tehsil And District- Raipur (C.G.) 3 - The Superintendent Engineer Public Health Engineering Department, Tehsil- Ambikapur District- Surguja (C.G.) 4 - The Superintendent Engineer (E/m) Public Health Engineering Department, District- Raipur (C.G.) 5 - The Executive Engineer Public Health Engineering Department, Ambikapur, District- Surguja (C.G.) ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2026.09.02 17:43:19 +0530 2 6 - The Executive Engineer Public Health Engineering Department, Manendragarh, District- Manendragarh-Chirmiri-Bharatpur (C.G.) 7 - The Executive Engineer Public Health Engineering Department, Baikunthpur, District- Korea (C.G.) ... Respondents For Petitioners : Mr. Sushil Dubey, Advocate For State/Respondents : Mr. Anadi Sharma, PL (Hon’ble Shri Justice Bibhu Datta Guru) Order on Board 01/09/2026 1. Learned counsel for the petitioners submits that the petitioner Nos. 1 & 2 stood retired as Work Charged and Contingency Paid Employee and husband of Petitioner No.3 Died Working on The Post of Helper (Contingency), 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 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 the petitioners are not pressing this petition on merits and is only seeking a direction to decide the 3 representations to be submitted by petitioner, at this stage, she is having no objection. 3. I have heard learned counsel for parties and perused the documents available in record. 4. Taking into consideration the limited prayer made by learned counsel for petitioners, this petition is disposed of in light of Faguvaram Patel (Supra) and the petitioners are at liberty to make representation within a period fo 15 days from receipt of copy of this order. In the event, the petitioners are found to be similarly situated persons, their claim shall be decided by the respondents in accordance with law expeditiously preferably within a period of three months from the date of receipt of representation. 5. Accordingly, the petition is disposed of with aforesaid observations and directions. 6. C.C. as per rules. SD/- SD/- (Bibhu Datta Guru) JUDGE ashu