Chattisgarh High Court
Smt. Kumari Bai Vishwakarma vs State Of Chhattisgarh on 7 February, 2025
1
2025:CGHC:7098
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 1079 of 2025
1 - Smt. Kumari Bai Vishwakarma W/o Late Arjun Lal Vishwakarma Aged About 67
Years R/o Village Alesur, Post Jara, Tehsil Tilda, District- Raipur (C.G.)
2 - Anil Kumar Vishwakarma (Legal Heir) S/o Late Arjun Lal Vishwakarma Aged
About 39 Years R/o Village Alesur, Post Jara, Tehsil- Tilda, District- Raipur (C.G.)
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through The Chief Secretary, Mantralaya, Mahanadi
Bhawan, Atal Nagar, Nawa Raipur, Dist.- Raipur (C.G.)
2 - State Of Chhattisgarh Through The Secretary, General Administration
Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Dist.- Raipur
(C.G.)
3 - State Of Chhattisgarh Through The Secretary, Water Resource Department,
Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Dist.- Raipur (C.G.)
4 - State Of Chhattisgarh Through The Secretary, Department Of Finance, Accounts
And Treasury, Govt. Of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Atal Nagar,
Nawa Raipur, Dist.- Raipur (C.G.)
5 - The Executive Engineer Water Management Division 2, Balaudabazar, Dist.-
Balaudabazar-Bhatapara (C.G.)
... Respondent(s)
(Cause-title taken from Case Information System)
For Petitioner(s) : Mr. Anand Kumar Kujur, Advocate
For State/Respondent(s) : Mr. Ajit Singh, Government Advocate
Hon'ble Shri Justice Amitendra Kishore Prasad
Order on Board
Digitally
signed
by
SHAYNA
KADRI
07/02/2025
1. Heard Mr. Anand Kumar Kujur, learned counsel petitioners as well
as Mr. Ajit Singh, learned Government Advocate for State /
respondents.
2. By way of this writ petition, the petitioners have prayed for
following reliefs:
"(i) That this Hon'ble Court may kindly be pleased
to call for all the records pertaining to the case.
(ii)That, this Hon'ble Court may kindly be pleased
to issue writ/order/direction to the respondent
authorities to grant the benefits of leave
encashment to work charged and contingency
employees on their retirement in accordance with
the statutory rules, regulations and circulars
issued by the respondent authorities and also
based on the judgment passed by this Hon'ble
Court 30.09.2022, in WPS No. 3870/2021.
(iii) That, this Hon'ble Court may kindly be
pleased to issue writ/order/direction to the
respondent authorities to take appropriate
decision within a reasonable period of time on
the requests and representations preferred by
the petitioners in accordance with the law and
also based on the judgment passed by this
Hon'ble Court on 30.09.2022, in WPS No.
3870/2021 to grant the benefits of leave
encashment to work charged and contingency
employees on their retirement.
(iv) That, this Hon'ble Court may kindly be
pleased to issue writ/order/direction similar to the
order passed in WPS No. 3732/2023 passed on
06.07.2023 to the respondent authorities to
immediately process the claim of all similarly
placed persons in the light of the aforesaid
decision of this High Court on the same subject-
matter, within an outer limit of 120 days from the
date of the receipt of the copy of the order.
(v) That any other relief/order which may be
deem fit and just in the facts and circumstances
of the case may kindly be granted."
3. Learned counsel for the petitioner submits that the petitioner No. 1
and father of petitioner No. 2 were appointed in the work charged
establishment of the Water Resource Department initially on
temporary basis but after sufficient number of years of the service
they were made permanent employees of the Work Charged
Establishment of the Water Resource Department of the
Government of Chhattisgarh. They were retired after attaining the
age of superannuation. During their service, they have performed
their duties and obligations bestowed upon them with utmost
sincerity and to the best of their capabilities with an unblemished
service record. He 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.
4. 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.
5. I have heard learned counsel for parties and perused the
documents available in record.
6. 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 claims
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 the said
representation.
7. Accordingly, this petition stands disposed of with aforesaid
observations and directions.
Sd/-
(Amitendra Kishore Prasad)
Judge
Shayna
