Chattisgarh High Court
Smt. Hirabati Usendi vs State Of Chhattisgarh on 6 August, 2025
Digitally signed by
V PADMAVATHI
Date: 2025.08.08
11:35:59 +0530
2025:CGHC:39016
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 9062 of 2025
1 - Smt. Hirabati Usendi W/o Late Ramrati Usendi Aged About 62 Years R/o School Para,
Surdongar, Keshkal, District - Kondagaon C.G.
2 - Smt. Birjha Bai Bhediya W/o Late Dayalu Ram Bhediya Aged About 66 Years R/o House
No. 82, Ward No. 06, Badepara, Kanker, District- North Baster, Kanker C.G.
--- Petitioner(s)
versus
1 - State Of Chhattisgarh Through The Secretary, Public Works Department, Mahanadi
Bhawan, Atal Nagar, New Raipur, District Raipur C.G.
2 - The Executive Engineer, Public Works Department (B/r), Kondagaon, District Kondagaon,
C.G.
3 - The Executive Engineer, Public Works Department (B/r), Kanker, District- North Baster,
Kanker C.G.
--- Respondent(s)
WPS No. 9064 of 2025
1 - Niranjan Sahu S/o Late Achit Sahu Aged About 71 Years R/o Ward No. 13, Ambedkar
Nagar, Dornapal, Sukma, District - Sukma Chhattisgarh
2 - Sudarshan Sabar S/o Late Manbodh Aged About 69 Years R/o Near Pwd Rest House,
Post - Dornapal, District - Sukma Chhattisgarh
3 - Smt. Sunder Mati W/o Shri Niranjan Sahu Aged About 68 Years R/o Ward No. 13,
Ambedkar Nagar, Dornapal, Sukma, District - Sukma Chhattisgarh
4 - Smt. Parbati Sahu W/o Late Prem Lal Sahu Aged About 66 Years R/o Mavli Nagar,
Thelkabod, Kanker, District - North Baster Kanker Chhattisgarh
5 - Keshar Kumar S/o Late Hariram Aged About 62 Years R/o Village - Shamtara, Bajrang
Para, Tahsil - Narharpur, District - North Baster Kanker Chhattisgarh
6 - Uppal Umasankar S/o Late Rathnaiya Aged About 66 Years R/o Chota Para, Madded,
Bijapur, District - Bijapur Chhattisgarh
---Petitioner(s)
Versus
1 - State Of Chhattisgarh Through The Secretary, Public Works Department, Mahanadi
Bhawan, Atal Nagar, New Raipur, District - Raipur Chhattisgarh
2 - The Executive Engineer Public Works Department (B/r), Kanker, District North Baster
Kanker Chhattisgarh
3 - The Executive Engineer Public Works Department (B/r), Sukma, District Sukma
Chhattisgarh
Wps 9062 and 9064 of 2025
2
4 - The Executive Engineer Public Works Department (B/r), West Bijapur, District Bijapur
Chhattisgarh
... Respondents
(Cause title is taken from the CIS)
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For Petitioners : Shri Somkant Verma, Advocate
For Respondents/State : Shri KS Saini, PL
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Hon'ble Shri Justice Ravindra Kumar Agrawal
Order on Board
06.08.2025
1. Since the issue involved in all the above petitions is same, they are being heard
and decided together.
2. Learned counsel for the petitioners would submit that petitioners are retired
employees of the Public Works Department, and were working as Work Charged
Contingency paid employees. It is further submitted that in light of judgment passed
by this Court in WPS-3870 of 2021 (Faguvaram Patel, and others Vs State of
Chhattisgarh and others), and other connected matters, decided on 30.09.2022,
present petitioners are also entitled for leave encashment.
3. Learned State counsel would submit 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 service to avail the benefit of leave encashment.
4. Heard learned counsel for the parties and perused the documents on record.
5. Be that as it may, without commenting anything on merits of the case, this
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 copy of this order with all necessary documents
to substantiate their claim. In that event, on due verification, if the petitioners are
Wps 9062 and 9064 of 2025
found to be similarly situated persons as in the case of Faguvaram Patel (supra),
their claim shall be decided by the respondents in light of judgment passed in that
case expeditiously, preferably within a period of 90 days from the date of submission
of the said representation.
6. Accordingly, petitions stand disposed of with aforesaid observation and
direction.
Sd/-
(Ravindra Kumar Agrawal)
JUDGE
padma
