Chattisgarh High Court
Smt. Sudha Verma (Legal Heir) vs State Of Chhattisgarh on 30 January, 2025
1
2025:CGHC:5593
RAVI
SHANKAR
MANDAVI
Digitally signed by
NAFR
RAVI SHANKAR
MANDAVI
Date: 2025.02.05
15:59:32 +0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 881 of 2025
1 - Smt. Sudha Verma (Legal Heir) W/o Late Omprakash Verma Aged
About 37 Years R/o Village Dewri, Post Manohara, Tehsil Raipur, District
Raipur, Chhattisgarh.
2 - Gajendra Kumar Netam (Legal Heir) S/o Kishan Netam Aged About
43 Years R/o Village Khapradih, Tehsil Bhatapara, District :
Balodabazar-Bhathapara, Chhattisgarh
3 - Smt. Sudha Bai Nirmalkar (Legal Heir) W/o Late Hari Ram Nirmalkar
Aged About 61 Years R/o Ward No. 29, Pandit Deendayal Upadhyay
Ward, Shanti Nagar, Tehsil Bhatapara, District : Balodabazar-
Bhathapara, Chhattisgarh
4 - Leeladhar Patel (Legal Heir) S/o Ram Ratan Patel Aged About 44
Years R/o Ward No. 02, Old Irrigation Colony, Tulsi, Tilda, Tehsil Tilda,
District Raipur, Chhattisgarh.
5 - Smt. Dhan Bai Yadaw (Legal Heir) W/o Late Malik Ram Yadaw Aged
About 57 Years R/o Near Irrigation Colony, Nipaniya, Tehsil Nipaniya,
District : Balodabazar-Bhathapara, Chhattisgarh
6 - Smt. Geeta Verma (Legal Heir) W/o Late Bedram Verma Aged About
61 Years R/o Ward No. 01, Sasaholi, Tehsil Tilda, District Raipur,
Chhattisgarh.
7 - Smt. Sawana (Legal Heir) W/o Late Panchram Sahu Aged About 66
Years R/o Village Sankara, Post Tarpongi, Tehsil Tilda, District Raipur,
Chhattisgarh.
... Petitioner(s)
2
versus
1 - State Of Chhattisgarh Through The Chief Secretary, Mantralaya,
Mahanadi Bhawan, Atal Nagar, Nawa Raipur District Raipur,
Chhattisgarh.
2 - State Of Chhattisgarh Through Secretary General Administration
Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur,
District Raipur, Chhattisgarh.
3 - State Of Chhattisgarh Through Secretary, Water Resource
Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur,
District Raipur, Chhattisgarh.
4 - State Of Chhattisgarh Through Secretary, Department Of Finance,
Accounts And Treasury, Govt. Of Chhattisgarh, Mantralaya, Mahanadi
Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh.
5 - The Executive Engineer Mahanadi Jalashay Pariyojna Disnet
Division 3, Tilda Neora, District Raipur, Chhattisgarh.
... Respondent(s)
(Cause-title taken from Case Information System)
For Petitioner(s) : Mr. Anand Kumar Kujur, Advocate
For State/Respondent(s) : Mr. Kawaljeet Singh Saini, Panel Lawyer
Hon'ble Shri Justice Amitendra Kishore Prasad
Order on Board
30/01/2025
1. Heard Mr. Anand Kumar Kujur, learned counsel petitioners as
well as Mr. Kawaljeet Singh Saini, learned Panel Lawyer for
State/respondents.
2. By way of this writ petition, the petitioners have prayed for
following reliefs:
"(i) That this Hon'ble Court may kindly be pleased to
call for all the records pertaining to the case.
(ii) That, this Hon'ble Court may kindly be pleased to
issue writ/order/direction to the respondent authorities
to grant the benefits of leave encashment to work
charged and contingency employees on their
retirement in accordance with the statutory rules,
regulations and circulars issued by the respondent
authorities and also based on the judgment passed by
this Hon'ble Court on 30.09.2022, in WPS No.
3870/2021.
(iii) That, this Hon'ble Court may kindly be pleased to
issue writ/order/direction to the respondent authorities
to take appropriate decision within a reasonable period
of time on the requests and representations preferred
by the petitioners in accordance with the law and also
based on the judgment passed by this Hon'ble Court
on 30.09.2022, in WPS No. 3870/2021 to grant the
benefits of leave encashment to work charged and
contingency employees on their retirement.
(iv) That, this Hon'ble Court may kindly be pleased to
issue writ/order/direction similar to the order passed in
WPS No. 3732/2023 passed on 06.07.2023 to the
respondent authorities to immediately process the
claim of all similarly placed persons in the light of the
aforesaid decision of this High Court on the same
subject-matter, within an outer limit of 120 days from
the date of the receipt of the copy of the order.
(v) That any other relief/order which may be deem fit
and just in the facts and circumstances of the case
may kindly be granted."
3. Learned counsel for the petitioners submits that the petitioners
and the legal heirs of some of the employees submit that the
employees were appointed in the work charged establishment of
the Public Works Department initially on temporary basis but after
10 years of the service they were made permanent employees of
the Work Charged Establishment of the Public Works Department
of the Government of Chhattisgarh. During their services they
enjoyed all the benefits such as; regular pay, dearness
allowances, medical allowances, house rent, city compensatory
allowances, earned leave, casual leave as revised from time to
time. He 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 petitioner 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 claims 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 the
said representation.
7. Accordingly, this petition stands disposed of with aforesaid
observations and directions.
Sd/-
(Amitendra Kishore Prasad)
Judge
Ravi Mandavi
