Chattisgarh High Court
Mahesh Kumar Sahu vs State Of Chhattisgarh on 14 January, 2025
1
2025:CGHC:2180
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
Digitally
signed by WPS No. 294 of 2025
RAVI
SHANKAR
MANDAVI
1 - Mahesh Kumar Sahu S/o Pardeshi Sahu Aged About 68 Years R/o
Village Kaserudih, Post Tarighat, Tehsil Rajim, District : Gariyabandh,
Chhattisgarh
2 - Jagat Ram Chauhan S/o Labha Ram Chauhan Aged About 71 Years
R/o Ward No. 08, Dakbangla, Post Gariyaband, Tehsil Gariyaband,
District : Gariyabandh, Chhattisgarh
3 - Smt. D Sapna (Legal Heir) W/o Late D Ramprasad Aged About 41
Years R/o Sidharth Chawk, Tikrapara, Post Tikrapara, District : Raipur,
Chhattisgarh
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through The Chief Secretary, Mantralaya,
Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur,
Chhattisgarh.
2 - State Of Chhattisgarh Through The Secretary, General
Administration Department, Mantralaya, Mahanadi Bhawan, Atal Nagar,
Nawa Raipur, District Raipur, Chhattisgarh.
3 - State Of Chhattisgarh Through The Secretary Public Works
Department , Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur,
District Raipur, Chhattisgarh.
4 - State Of Chhattisgarh Through The Secretary, Department Of
2
Finance, Accounts And Treasury, Govt. Of Chhattisgarh, Mantralaya,
Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur,
Chhattisgarh.
5 - The Executive Engineer, Public Works Department E/ M Division
Gariyaband, District : Gariyabandh, Chhattisgarh
6 - The Executive Engineer, National Highways Division 01 Public
Works Department, Raipur, District Raipur, Chhattisgarh.
... Respondent(s)
(Cause-title taken from Case Information System)
For Petitioner(s) : Mr. Anand Kumar Kujur, Advocate
For State/Respondent(s) : Mr. Suyashdahr Badgaiya, Dy.
Government Advocate
Hon'ble Shri Justice Amitendra Kishore Prasad
Order on Board
14/01/2025
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 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 petitioner
No.1, 2 and husband of petitioner No.3 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. During their services they are getting all the
benefits such as; regular pay, dearness allowances, medical
allowances, house rent, city compensatory allowances, earned
leave, casual leave as revised from time to time. They were also
given pension and gratuity etc. on retirement from their service as
are admissible to other permanent employees of the comparable
status of the regular establishment of the respondent authorities.
They were worked as work charged/ contingency paid employees
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
