Chattisgarh High Court
Ganesh Ram Chandrakar vs State Of Chhattisgarh on 17 January, 2025
1
2025:CGHC:3058
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
Digitally
signed by
RAVI
SHANKAR
MANDAVI WPS No. 452 of 2025
1 - Ganesh Ram Chandrakar S/o Late Goverdhan Lal Aged About 67
Years Retired Assistant Wire Man Posted At Office Of S.D.O. (E And M)
Public Work Department, Mantralaya Sub Division Raipur, District
Raipur Chhattisgarh.
2 - Paras Ram Yadav S/o Late Goverdhan Yadav Aged About 65 Years
Retired Assistant Wire Man Posted At Office Of S.D.O. (E And M) Public
Work Department, Mantralaya Sub Division Raipur, District Raipur
Chhattisgarh.
3 - Anand Ram Sahu S/o Late Dasru Ram Sahu Aged About 64 Years
Retired Helper Posted At Office Of S.D.O. (E And M) Public Work
Department, Workshop Sub Division Raipur, District Raipur
Chhattisgarh.
4 - Mukesh Das S/o Late Sant Masih Das Aged About 63 Years Retired
Chowkidar, Posted At Office Of S.D.O. (E And M) Public Work
Department, Workshop Sub Division Raipur, District Raipur
Chhattisgarh.
5 - Rakesh Chandra S/o Late Sant Masih Das Aged About 69 Years
Retired Helper, Posted At Office Of S.D.O. (E And M) Public Work
Department, Workshop Sub Division Raipur, District Raipur
Chhattisgarh.
6 - Ramkrishan Nishad S/o Late Paras Ram Nishad Aged About 66
Years Retired Helper, Posted At Office Of S.D.O. (E And M) Public Work
Department, Workshop Sub Division Raipur, District Raipur
Chhattisgarh.
2
7 - Lakhan Lal Kenwat S/o Late Nakchhed Kenwat Aged About 65 Years
Retired Helper, Posted At Office Of S.D.O. (E And M) Public Work
Department, Workshop Sub Division Raipur, District Raipur
Chhattisgarh.
8 - Onkar Prasad Baghel S/o Late Manrakhan Lal Baghel Aged About
63 Years Retired Vehicle Driver, Posted At Office Of S.D.O. (E And M)
Public Work Department, Workshop Sub Division Raipur, District Raipur
Chhattisgarh.
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through Secretary, Public Works Department
Mahanadi Bhawan, Mantralaya, Atal Nagar New Raipur, District Raipur
Chhattisgarh.
2 - Engineer In Chief Public Works Department, Nirman Bhawan Sector
19 North Block Atal Nagar New Raipur, District Raipur Chhattisgarh.
3 - Chief Engineer Public Works Department (E And M) Mandal Office
Sirpur Bhawan Behind Aakashwani Civil Line Raipur District Raipur
Chhattisgarh.
4 - Superintending Engineer Public Works Department (E And M)
Mandal Office Sirpur Bhawan Behind Aakashwani Civil Line Raipur
District Raipur Chhattisgarh.
5 - Executive Engineer (E And M) Public Works Department Raipur
Division District Raipur Chhattisgarh.
6 - Joint Director Pension, Account And 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) : Mr. Saumitra Kesharwani, 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 Mr. Saumitra Kesharwani, 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 respondent 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 the petitioners
were working as work charged Contingency Paid employees in
the Public Works Department. Initially they were employed on
temporary basis, thereafter their services were regularized. After
completion of age of superannuation, they retired from service.
The respondent authorities granted pension and gratuity to the
petitioners but benefit of leave encashment is not granted to them.
It is further submitted that 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. 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
