Chattisgarh High Court
Sukhdev Ram Verma vs State Of Chhattisgarh on 18 February, 2025
1
2025:CGHC:8285
Digitally
signed by
RAVI
RAVI SHANKAR
SHANKAR MANDAVI
MANDAVI Date:
2025.02.19
15:12:50
NAFR
+0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 1286 of 2025
1 - Sukhdev Ram Verma S/o Brijlal Verma Aged About 72 Years The
Retired Work Charged Employee, R/o Street No. 03, Ward No. 42,
Subhashnagar, Near Vainsasur Mandir, Post Durg, Tehsil Durg, District
Durg (C.G.).
2 - Nirmala Thakur W/o Late D. Haridas Aged About 69 Years The
Retired Work Charged Employee, R/o House No., 103, Ward No. 41,
Shastri Chawk Kelabadi, Post Durg, Tehsil Durg, District Durg, (C.G.)
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through The Chief Secretary, Mantralaya,
Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.).
2 - State Of Chhattisgarh, Through The Secretary, General
Administration Department, Mantralaya, Mahanadi Bhawan, Atal Nagar,
Nawa Raipur, District Raipur (C.G.).
3 - State Of Chhattisgarh Through The Secretary, Public Works
Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur,
District Raipur (C.G.).
4 - State Of Chhattisgarh, Through The Secretary, Department Of
Finance, Accounts And Treasury, Govt. Of Chhattisgarh, Mantralaya,
Mahanadi.
5 - The Executive Engineer, Public Works Department Division No. 01
Durg, District Durg (C.G.).
... Respondent(s)
(Cause-title taken from Case Information System)
For Petitioner(s) : Mr. Anand Kumar Kujur, Advocate
For State/Respondent(s) : Ms. Shailja Shukla, Dy. GA
Hon'ble Shri Justice Amitendra Kishore Prasad
Order on Board
18/02/2025
1. Heard Mr. Anand Kumar Kujur, learned counsel petitioners as
well as Ms. Shailja Shukla, learned Dy 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 on 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 petitioners submits that the petitioners
were appointed in the work charged establishment of the Public
Works Department initially on temporary basis but after 10 years
of the service, they were made permanent employees of the Work
Charged Establishment of the Public Works Department of the
Government of Chhattisgarh. As per the Chhattisgarh Work
Charged And Contingency Paid Employees Leave Rules, 1977,
petitioners are entitled for benefits of leave encashment, as there
is no prohibition in release of leave encashment amounts to
petitioners under the Rules, therefore, leave credited in the
account of the work charged / contingency paid employees
deserved to get encashment. Learned counsel for the petitioners
further 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 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.
7. Accordingly, this petition stands disposed of with aforesaid
observations and directions.
Sd/-
(Amitendra Kishore Prasad)
Judge
Ravi Mandavi
