Chattisgarh High Court
Shyam Lal Dhruw (Dead) Through Bharat ... vs State Of Chhattisgarh on 13 January, 2025
1
2025:CGHC:1919
NAFR
Digitally HIGH COURT OF CHHATTISGARH AT BILASPUR
signed by
RAVI
SHANKAR
MANDAVI
WPS No. 204 of 2025
1 - Shyam Lal Dhruw (Dead) Through Bharat Lal Dhruw Aged About 42
Years, S/o Late Shyam Lal Druw, R/o Durga Chowk, Baraud, Nagri,
Dist- Dhamtari, (C.G.)
2 - Satanand Nagwanshi S/o Phool Singh Nagvanshi Aged About 62
Years R/o Ward No. 10, Gaddongari Mal, Dist- Dhamtari, (C.G.)
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through The Chief Secretary, Govt. Of
Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Nava Raipur,
Chhattisgarh
2 - The Secretary General Administration Department, Govt. Of
Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Nava Raipur,
Chhattisgarh
3 - The Secretary Department Of Public Health And Engineering Govt.
Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Nava Raipur,
Chhattisgarh
4 - The Secretary Department Of Finance, Accounts And Treasury,
Govt. Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Nava Raipur,
Chhattisgarh
2
5 - The Executive Engineer Department Of Public Health And
Engineering, Division Dhamtari, Dist. Dhamtari Chhattisgarh
6 - The Executive Engineer Department Of Public Health Engineering,
Division Nagri, Dist. Dhamtari Chhattisgarh
... Respondent(s)
(Cause-title taken from Case Information System)
For Petitioner(s) : Mr. Kaustubh Singh Thakur, Advocate
For State/Respondent(s) : Ms. Shailja Shukla, Dy. Government
Advocate
Hon'ble Shri Justice Amitendra Kishore Prasad
Order on Board
13/01/2025
1. Heard.
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
allow the present writ petition preferred by the petitioner
and call for the records of the entire case pertaining to
the grant of leave encashment and other consequential
benefits to the petitioners.
(ii) That, this Hon'ble Court may kindly be pleased to
direct the Respondents by issuing appropriate
writ/order/direction to the Respondents authorities to
grant the benefit of leave encashment to work-charged
and contingency employees on their retirement in
accordance with the statutory rules, regulations and
circulars issued by the State Government and also on
the basis of judgment dated 30-09-2022 passed by this
Hon'ble Court in WPS No. 3870/2021.
(iii) Alternatively, this Hon'ble Court may kindly be
pleased to further direct the respondent authorities to
take action on the representation submitted by the
Petitioners within a reasonable period of time in
accordance with the statutory rules and circulars and on
the basis of judgment dated 30-09- 2022 passed by this
Hon'ble Court in WPS No. 3870/2021.
(iv) That any other relief which this Hon'ble Court may
deem fit and necessary in the interest of justice may
kindly be awarded.
(v) That. the Cost of the petition may kindly also be
awarded to the petitioner."
3. Learned counsel for the petitioners submits that the father of
petitioner No.1 and petitioner No.2 were permanent employees of
work- charged Establishment of Department of Public Health and
Engineering of the Government of Chhattisgarh. They were paid
regular pay and dearness allowances, medical allowances like
House Rent, City Compensatory allowances, medical allowance,
earned leave, casual leave as revised from time to time during
their service and pension and gratuity etc on retirement from
service as are admissible to other permanent employees of the
comparable status of the regular establishment of the Respondent
State. The father of petitioner No.1 and petitioner No.2 were
appointed in the work charged establishment of the Department of
Public Health and Engineering Department initially on temporary
basis but after 10 years of the service they have become
permanent employees of the Work charged Establishment. Both
the petitioners have been retired from the services through
various orders. As such they are employed in the respondents
department 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
