Ratiram vs State Of Chhattisgarh
2025 Latest Caselaw 1303 Chatt

Chattisgarh High Court

Ratiram vs State Of Chhattisgarh on 20 January, 2025

                                                      1




                                                                    2025:CGHC:3346


                                                                                NAFR

                              HIGH COURT OF CHHATTISGARH AT BILASPUR
        Digitally
        signed by
        RAVI
RAVI    SHANKAR
SHANKAR MANDAVI
MANDAVI Date:
        2025.01.28


                                            WPS No. 463 of 2025
        12:08:29
        +0530




                     1 - Ratiram S/o Late Mangluram Aged About 64 Years Retired Vehicle
                     Driver Posted At Office Of S.D.O. (E And M) Light Machinery Nalkoop
                     And Gate Sub Division Jagdalpur Water Resources Department, District
                     Jagdalpur                     Bastar                    Chhattisgarh

                     2 - Lay Singh S/o Late Uday Singh Aged About 67 Years Retired
                     Chowkidar Posted At Office Of Superintending Engineer Indravati
                     Pariyojna Mandal Jagdalpur Water Resources Department District
                     Jagdalpur                  Bastar                  Chhattisgarh

                     3 - Smt. Chandra Bai W/o Moti Lal Aged About 65 Years Retired
                     Sweeper Posted At Office Of Executive Engineer T.D.P.P. Jal
                     Sanshadhan Division Jagdalpur Water Resources Department District
                     Jagdalpur Bastar Chhattisgarh
                                                                    ... Petitioner(s)


                                                   versus


                     1 - State Of Chhattisgarh Through Secretary, Department Of Water
                     Resources Mahanadi Bhawan, Mantralaya, New Raipur District Raipur
                     Chhattisgarh

                     2 - Enigneer In Chief Water Resources Department, Sihawa Bhawan
                     New         Raipur,       District     Raipur        Chhattisgarh

                     3 - Chief Engineer Mahanadi Godavari Kachhar Raipur Department Of
                     Water        Resources       District    Raipur       Chhattisgarh
                                       2

4 - Chief Engineer Mahanadi Pariyojna Water Resources Department
Raipur            District          Raipur           Chhattisgarh

5 - Executive Engineer (E And M) Light Machinery Nalkoop And Gate
Division Jagdalpur Water Resources Department, District Jagdalpur
Bastar                                                Chhattisgarh

6 - Superintending Engineer Indravati Pariyojna Mandal Jagdalpur
Water Resources Department District Jagdalpur Bastar Chhattisgarh

7 - Executive Engineer T.D.P.P. Jal Sanshadhan Division Jagdalpur
Water Resources Department District Jagdalpur Bastar Chhattisgarh

8 - Joint Director Pension And Account Treasury Department Bastar
Division,           District         Bastar           Chhattisgarh

9 - 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 State/Respondent(s) : Mr. Khulesh Sahu, Panel Lawyer

Hon'ble Shri Justice Amitendra Kishore Prasad

Order on Board

20/01/2025

1. Heard Ms. Nilu Kumari Singh, learned counsel for the petitioners

as well as Mr. Khulesh Sahu, learned Panel Lawyer for the

State/respondent/s.

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 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."

3. Learned counsel for the petitioners submits that the respective

petitioners/employees 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 petitioners after completion of age of

superannuation 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, but the said benefits have not been

extended in favour of the petitioners, in illegal, arbitrary and

discriminatory manner. 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. 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.

4. I have heard learned counsel for parties and perused the

documents available in record.

5. 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.

6. Accordingly, this petition stands disposed of with aforesaid

observations and directions.

Sd/-

(Amitendra Kishore Prasad) Judge Ravi Mandavi