Citation : 2025 Latest Caselaw 1611 Chatt
Judgement Date : 7 August, 2025
Digitally signed by
V PADMAVATHI
Date: 2025.08.08
18:17:30 +0530
2025:CGHC:39383
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 9169 of 2025
Virendra Singh S/o Late Shri Dharmu Singh Aged About 67 Years R/o Village Baba Chowk,
Kusmi, District Balrampur-Ramanujganj (C.G.) --- Petitioner(s)
versus
1 - State Of Chhattisgarh Through Secretary, Department Of Water Resources, Mahanadi
Bhawan, Mantralaya, Atal Nagar, New Raipur, District : Raipur, Chhattisgarh
2 - The Joint Director Treasury Accounts And Pension Raipur, District : Raipur, Chhattisgarh
3 - Engineer-In-Chief Water Resources Department, Shivnath Bhawan, Naya Raipur, District :
Raipur, Chhattisgarh
4 - Chief Engineer Mahanadi Godawari Kachhar Water Resources Department Raipur, District
: Raipur, Chhattisgarh
5 - Executive Engineer Mahanadi Water Resources Department Division Balrampur, District
Balrampur-Ramanujganj (C.G.)
6 - Divisional Joint Director Treasury Account And Pension Sarguja Division Sarguja,
Chhattisgarh. --- Respondent(s)
WPS No. 9176 of 2025
1 - Sundri Bai Gond W/o Lakhnu Ram, Aged About 62 Years R/o Village Bendranavagaon,
Post Rudri, Tahsil And District Dhamtari (Chhattisgarh)
2 - Parmila Sahu, W/o Late Kunjbihari Sahu, Aged About 68 Years R/o Village Koliyari, Post
Dhamtari, Tahsil And District Dhamtari (Chhattisgarh)
3 - Bhagwat Yadav, S/o Sadya Yadav, Aged About 76 Years R/o Village Rudri Basti, Post
Dhamtari Tahsil And District Dhamtari (Chhattisgarh) ---Petitioner(s)
Versus
1 - State Of Chhattisgarh Through Secretary, Department Of Water Resources, Mahanadi
Bhawan, Mantralaya, Atal Nagar, New Raipur, District Raipur (Chhattisgarh)
2 - The Joint Director, Treasury Accounts And Pension, Raipur, District Raipur (C.G.)
3 - Engineer-In-Chief, Water Resources Department, Shivnath Bhawan, Naya Raipur, District
Raipur (C.G.)
4 - Chief Engineer, Mahanadi Jalashaya Pariyojna Raipur, District Raipur (C.G.)
5 - Executive Engineer, Mahanadi Jalashaya, Pariyojna, Bandh Division No. 2, Rudri, District
Dhamtari (Chhattisgarh) ... Respondents
(Cause title is taken from the CIS)
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Wps 9169 and 9176 of 2025
For Petitioners : Shri KP Sahu Advocate For Respondents/State : Shri Arvind Dubey, GA
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Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 07.08.2025
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 Water Resources 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
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 Wps 9169 and 9176 of 2025
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
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