Chattisgarh High Court
Goverdhan Das Meshram vs State Of Chhattisgarh on 17 January, 2025
1
2025:CGHC:3059
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
Digitally
signed by
RAVI
SHANKAR
MANDAVI WPS No. 454 of 2025
1 - Goverdhan Das Meshram S/o Late Naradram Meshram Aged About
63 Years Retired Dak Runner Posted At Office Of S.D.O. Jal
Sanshadhan Sub Division No. 01 Aadmabad, Water Resources
Department, District Balod Chhattisgarh
2 - Hem Lal Rajak S/o Late Tjau Ram Aged About 74 Years Retired Met
Posted At Office Of S.D.O. Jal Prabandh Sub Division No. 07 Water
Resources Department District Baloda Bazar- Bhathapara Chhattisgarh
3 - Ramu Dhruv S/o Late Chunu Ram Dhruv Aged About 69 Years
Retired Labour Posted At Office Of S.D.O. Jal Prabandh Sub Division
No. 07 Water Resources Department District Baloda Bazar- Bhathapara
Chhattisgarh
4 - Ramadhar Rajak S/o Late Tijau Ram Aged About 65 Years Retired
Labour Posted At Office Of S.D.O. Jal Prabandh Sub Division No. 07
Water Resources Department District Baloda Bazar- Bhathapara
Chhattisgarh
5 - Smt. Rekha Manikpuri W/o Late Girvar Das Manikpuri Aged About
59 Years R/o Ward No. 57 Urla Baghera Road Ram Nagar Durg District
Durg Chhattisgarh Husband Of Petitioner Was Retired Kushal Shayak/
Shikshit Sahayak Posted At Office Of S.D.O. (E And M) Light Machinery
Nalkoop And Gate Sub Division Durg Water Resources Department,
District Durg Chhattisgarh
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through Secretary, Department Of Water
Resources Mahanadi Bhawan, Mantralaya, New Raipur District Raipur
2
Chhattisgarh
2 - Engineer In Chief Water Resources, Department, Sihawa Bhawan
New Raipur, District Raipur Chhattisgarh
3 - Chief Engineer Mahanadi Godavari Kachhar Department Of Water
Resources Raipur District - Raipur Chhattisgarh
4 - Executive Engineer Jal Sanshadhan Division Balod Water
Resources Department, District Balod Chhattisgarh
5 - Executive Engineer Jal Prabandh Division No. 02, Water Resources
Department District Baloda Bazar-Bhathapara Chhattisgarh
6 - Executive Engineer (E And M) Light Machinery Nalkoop And Gate,
Division - Durg, Water Resources Department, District - Durg
Chhattisgarh
7 - Joint Director Pension And Account Treasury Department Durg
Division, District Durg Chhattisgarh
8 - Joint Director Pension And Account Treasury Department Raipur
Division, District Raipur Chhattisgarh
... Respondent(s)
(Cause-title taken from Case Information System)
For Petitioner(s) : Ms. Nilu Kumari Singh, Advocate
For Respondent(s) : Ms. Akanksha Verma, Panel Lawyer
Hon'ble Shri Justice Amitendra Kishore Prasad
Order on Board
17/01/2025
1. Heard Ms. Nilu Kumari Singh, learned counsel for the petitioners
as well as Ms. Akanksha Verma, learned Panel Lawyer for the
State/respondent/s.
2. Since the matter is heard and decided finally, therefore, I.A.
No.01/2025, which is an application for exemption from filing
typed copies of annexure is allowed.
3. 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
allow the writ petition and be pleased to issue an
order/direction to the respondents authorities to grant
the benefit of leave encashment to the petitioners.
10.2. That, this Hon'ble Court may kindly be call for the
records for its kind perusal which relates to petitioner's
matter.
10.3. Any other relief, which this Hon'ble Court may
deem fit and proper, may also be passed in favour of the
petitioners."
4. Learned counsel for the petitioners submits that petitioner No. 1 to
4 & husband of petitioner No.5 were working as work charged
Contingency Paid Employees in the Water Resources
Department. Initially they were employed on temporary basis,
thereafter their services were regularized. The petitioner No. 1 to
4 and husband of petitioner No.5 after completion of age of
superannuation retired from service. The husband of petitioner
No.5 died after retirement. After retirement, the respondent
authorities granted pension and gratuity to the petitioners, but
benefit of leave encashment has not been granted to them. The
rules of payment of leave encashment is governed by the M.P.
Work-charged /Contingency Paid Employees Leave Rules 1977,
which has been made by erstwhile State of Madhay Pradesh and
has been adopted by the state of C.G. under the exercise of
power conferred under article 309 of Constitution of India. The
petitioners are entitle for benefit of leave encashment as per
provision of rule 1977. The respondent authorities denied to grant
benefit of leave encashment on account of terms of circular dated
14.09.1992 issued by finance department. Learned counsel for
the petitioners 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.
5. 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.
6. I have heard learned counsel for parties and perused the
documents available in record.
7. 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.
8. Accordingly, this petition stands disposed of with aforesaid
observations and directions.
Sd/-
(Amitendra Kishore Prasad)
Judge
Ravi Mandavi
