Chattisgarh High Court
Chaman Sai vs State Of Chhattisgarh on 20 January, 2025
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2025:CGHC:3348
RAVI
NAFR
SHANKAR
MANDAVI
Digitally signed by
HIGH COURT OF CHHATTISGARH AT BILASPUR
RAVI SHANKAR
MANDAVI
Date: 2025.01.28
11:57:45 +0530
WPS No. 483 of 2025
1 - Chaman Sai S/o Bavna Ram Aged About 66 Years R/o Village
Nimha Tahsil- Lundra District- Sarguja (Chhattisgarh)
2 - Smt. Bigni Bai W/o Late Laxmi Prasad Aged About 55 Years R/o
Khamhariya, Tahsil- Udaipur, District- Sarguja (Chhattisgarh)
3 - Shiv Ram S/o Nansai Aged About 70 Years R/o Village Libra Post-
Darima Tahsil- Ambikapur District Sarguja (Chhattisgarh)
4 - Smt. Dhanti Bai Rajwade W/o Late Bholaram Rajwade Aged About
57 Years R/o Village Kanthi, Tahsil- Ambikapur District Sarguja
(Chhattisgarh)
5 - Sukhlal Singh S/o Mahesh Ram Aged About 67 Years Retire Time
Keeper R/o Kuwarpur, Tahsil- Lakhanpur, District- Sarguja
(Chhattisgarh)
6 - Kalamuddin S/o Late Nijamuddin Aged About 69 Years R/o Ward No.
13 Ambikapur Tahsil- Ambikapur District Sarguja (Chhattisgarh)
7 - Mohmmad Faheel Khan S/o Abdul Hameed Khan Aged About 63
Years Retire Jeep Driver R/o Masjid Road Ambikapur, Tahsil-
Ambikapur, District- Sarguja (Chhattisgarh)
8 - Smt. Shyam Kuwar W/o Late Sukrit Das Aged About 57 Years R/o
Village- Salka, Tahsil- Ambikapur, District- Sarguja (Chhattisgarh)
9 - Smt. Chanda Bano W/o Nababunddin Siddiqui Aged About 66 Years
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R/o Ward No. 39 Mahamaya Chowk Ambikapur, Tahsil- Ambikapur,
District- Sarguja (Chhattisgarh)
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through The Secretary, Water Resources
Department, Mahanadi Bhawan, Mantralay Nava Raipur District Raipur
(Chhattisgarh)
2 - Engineer In Chief Water Resources Department, Shivnath Bhawan,
Narth Block Sector 19 Nava Raipur District Raipur (Chhattisgarh)
3 - Chief Engineer Hasdev Ganga Kachar, Water Resources
Department Ambikapur, District- Sarguja (Chhattisgarh)
4 - Executive Engineer Water Resources Division No. 01 Ambikapur
District- Sarguja (Chhattisgarh)
5 - Executive Engineer Water Resources Division No. 02 Ramanujganj
District- Balrampur-Ramanujganj (Chhattisgarh)
... Respondent(s)
(Cause-title taken from Case Information System) For Petitioner(s) : Mr. Hemant Kesharwani, Advocate For State/Respondent(s) : Mr. Suyadhdhar Badgaiya, Dy.
Government Advocate Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 20/01/2025
1. Heard Mr. Hemant Kesharwani, learned counsel for the petitioners as well as Mr. Suyadhdhar Badgaiya, learned Dy. Government Advocate for the State/respondent/s.
2. By way of this writ petition, the petitioners have prayed for 3 following reliefs:
"10.1. That this Hon'ble Court may kindly be pleased to issue the direction for the respondent authorities to grant the benefit of leave encashment. 10.2. Any other relief as this Hon'ble Court may be pleased to grant."
3. Learned counsel for the petitioners submits the respective petitioners/employees were working as work charged/contingency paid employees in the respondent's Department. Initially they were employed on temporary basis, thereafter service of petitioners was regularized. The petitioners have attained the age of superannuation and they have been retired from service. Thereafter they have been granted pension and gratuity, except amount of leave encashment. As the petitioners are entitled to get the benefits of leave encashment but the said benefits have not been extended in favour of the petitioners, in illegal, arbitrary and discriminatory manner. Learned counsel for the petitioners 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. 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.
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4. I have heard learned counsel for parties and perused the documents available in record.
5. 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.
6. Accordingly, this petition stands disposed of with aforesaid observations and directions.
Sd/-
(Amitendra Kishore Prasad) Judge Ravi Mandavi