Chattisgarh High Court
Chaman Sai vs State Of Chhattisgarh on 20 January, 2025
1
2025:CGHC:3348
RAVI
NAFR
SHANKAR
MANDAVI
Digitally signed by
HIGH COURT OF CHHATTISGARH AT BILASPUR
RAVI SHANKAR
MANDAVI
Date: 2025.01.28
11:57:45 +0530
WPS No. 483 of 2025
1 - Chaman Sai S/o Bavna Ram Aged About 66 Years R/o Village
Nimha Tahsil- Lundra District- Sarguja (Chhattisgarh)
2 - Smt. Bigni Bai W/o Late Laxmi Prasad Aged About 55 Years R/o
Khamhariya, Tahsil- Udaipur, District- Sarguja (Chhattisgarh)
3 - Shiv Ram S/o Nansai Aged About 70 Years R/o Village Libra Post-
Darima Tahsil- Ambikapur District Sarguja (Chhattisgarh)
4 - Smt. Dhanti Bai Rajwade W/o Late Bholaram Rajwade Aged About
57 Years R/o Village Kanthi, Tahsil- Ambikapur District Sarguja
(Chhattisgarh)
5 - Sukhlal Singh S/o Mahesh Ram Aged About 67 Years Retire Time
Keeper R/o Kuwarpur, Tahsil- Lakhanpur, District- Sarguja
(Chhattisgarh)
6 - Kalamuddin S/o Late Nijamuddin Aged About 69 Years R/o Ward No.
13 Ambikapur Tahsil- Ambikapur District Sarguja (Chhattisgarh)
7 - Mohmmad Faheel Khan S/o Abdul Hameed Khan Aged About 63
Years Retire Jeep Driver R/o Masjid Road Ambikapur, Tahsil-
Ambikapur, District- Sarguja (Chhattisgarh)
8 - Smt. Shyam Kuwar W/o Late Sukrit Das Aged About 57 Years R/o
Village- Salka, Tahsil- Ambikapur, District- Sarguja (Chhattisgarh)
9 - Smt. Chanda Bano W/o Nababunddin Siddiqui Aged About 66 Years
2
R/o Ward No. 39 Mahamaya Chowk Ambikapur, Tahsil- Ambikapur,
District- Sarguja (Chhattisgarh)
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through The Secretary, Water Resources
Department, Mahanadi Bhawan, Mantralay Nava Raipur District Raipur
(Chhattisgarh)
2 - Engineer In Chief Water Resources Department, Shivnath Bhawan,
Narth Block Sector 19 Nava Raipur District Raipur (Chhattisgarh)
3 - Chief Engineer Hasdev Ganga Kachar, Water Resources
Department Ambikapur, District- Sarguja (Chhattisgarh)
4 - Executive Engineer Water Resources Division No. 01 Ambikapur
District- Sarguja (Chhattisgarh)
5 - Executive Engineer Water Resources Division No. 02 Ramanujganj
District- Balrampur-Ramanujganj (Chhattisgarh)
... Respondent(s)
(Cause-title taken from Case Information System)
For Petitioner(s) : Mr. Hemant Kesharwani, Advocate
For State/Respondent(s) : Mr. Suyadhdhar Badgaiya, Dy.
Government Advocate
Hon'ble Shri Justice Amitendra Kishore Prasad
Order on Board
20/01/2025
1. Heard Mr. Hemant Kesharwani, learned counsel for the petitioners
as well as Mr. Suyadhdhar Badgaiya, learned Dy. Government
Advocate 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 issue the direction for the respondent authorities 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 the respective
petitioners/employees were working as work charged/contingency
paid employees in the respondent's Department. Initially they
were employed on temporary basis, thereafter service of
petitioners was regularized. The petitioners have attained the age
of superannuation and they have been retired from service.
Thereafter they have been granted pension and gratuity, except
amount of leave encashment. As the petitioners are entitled to get
the benefits of leave encashment 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
