Chattisgarh High Court
Akhtar Ali vs State Of Chhattisgarh on 14 January, 2025
1
2025:CGHC:2179
NAFR
Digitally
HIGH COURT OF CHHATTISGARH AT BILASPUR
signed by
RAVI
SHANKAR
MANDAVI WPS No. 295 of 2025
1 - Akhtar Ali S/o Late Asgar Ali Aged About 64 Years Retired Truck
Driver R/o Ram Mandir Gali Ambikapur Tahsil- Ambikapur District-
Sarguja (C.G.)
2 - Ram Sewak S/o Late. Ghuran Rajwade Aged About 69 Years
Retired Time Keeper R/o Village Mudesa, Tahsil- Ambikapur District-
Sarguja (C.G.)
3 - Smt. Binkun Singh W/o Late Shyama Singh Aged About 60 Years
R/o Village Chitvishrampur, Tahsil- Balrampur, District- Balrampur-
Ramanujganj (C.G.)
4 - Ram Narayan S/o Dhiran Ram Aged About 71 Years Retired
Chowkidar R/o Village Jogi Bandh, Tahsil- Ambikapur, District- Sarguja
(C.G.)
5 - Agar Sai S/o Dular Sai Aged About 73 Years Retired Chowkidar R/o
Village- Jhagrahi Para Sukhari Tahsil- Ambikapur, District- Sarguja
(C.G.)
6 - Motiram S/o Late Dinbandhu Aged About 68 Years Retired
Chowkidar R/o Village- Nawapara Khurd, Tahsil- Ambikapur, District-
Sarguja (C.G.)
7 - Abrar Ali Ansari S/o Late Asgar Ali Aged About 63 Years Retired Jeep
Driver R/o Ram Mandir Road Ambikapur Tahsil- Ambikapur, District-
Sarguja (C.G.)
8 - Ram Karan Giri S/o Shobhit Giri Aged About 71 Years Retired
2
Chowkidar R/o Village- Shohga Post- Darima Tahsil- Ambikapur,
District- Sarguja (C.G.)
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through- The Secretary, Water Resources
Department, Mahanadi Bhawan, Mantralay Nava Raipur District Raipur
(C.G.)
2 - Engineer In Chief Water Resources Department, Shivnath Bhawan,
North Block Sector 19 Nava Raipur District Raipur (C.G.)
3 - Chief Engineer Hasdev Ganga Kachhar, Water Resources
Department Ambikapur District- Sarguja (C.G.)
4 - Executive Engineer Water Resources Division No 1 Ambikapur
District- Sarguja (C.G.)
5 - Executive Engineer Water Resources Division Balrampur District-
Balrampur- Ramanujganj (C.G.)
... Respondent(s)
(Cause-title taken from Case Information System)
For Petitioner(s) : Mr. Hemant Kesharwani, Advocate
For State/Respondent(s) : Mr. Khulesh Sahu, Panel Lawyer
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:
"10.1. That, this Hon'ble Court may kindly be pleased to
issue the direction for the respondent authoritative to
grant the benefit of leave encashment.
10.2 Any other relief as this Hon'ble Court may be
pleased to grant."
3. Learned counsel for the petitioners submits that the respective
petitioners were engaging as daily wager employees in
respondents department prior to 1980, their salary were charge in
project, they were granted salary as monthly basis since initial
date of appointment as daily wager, under the work charge and
contingency paid employees, as per circular issued by state
government, the services of petitioners are govern by
Chhattisgarh irrigation Department Contingency Paid Employees
Recruitment and Conditions of Service Rules, 1978. On attaining
the age of superannuation, they have been retired from service.
As such 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
