Chattisgarh High Court
Ramsai Nirmalkar vs State Of Chhattisgarh on 7 January, 2025
1
2025:CGHC:869
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 24 of 2025
1 - Ramsai Nirmalkar S/o Ramjhool Nirmalkar Aged About 69 Years Retired
Tool Man Posted At Office Of S.D.O. (E And M) Public Works Department Sub
Division Bilaspur District Bilaspur Chhattisgarh.
2 - Krishna Kumar Rajak S/o Bahoran Rajak Aged About 65 Years Retired
Mechanical Helper Posted At Office Of S.D.O. (E And M) Public Works
Department Sub Division Bilaspur District Bilaspur Chhattisgarh.
3 - Om Prakash Kaushik S/o Late Nem Lal Kaushik Aged About 36 Years R/o
Ward No. 48 Purana Sarkanda Lodhi Para, P.S. Sarkanda District Bilaspur
Chhattisgarh Mother Of Petitioner Namely Smt. Geeta Bai Kaushik Was Retired
Chowkidar Posted At Office Of S.D.O. (E And M) Public Works Department Sub
Division Bilaspur District Bilaspur Chhattisgarh.
... Petitioners
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, Sihawa Bhawan New Raipur,
District - Raipur Chhattisgarh.
3 - Chief Engineer Public Works Department, Bilaspur Range District - Bilaspur
Chhattisgarh.
4 - Executive Engineer (E And M) Public Works Department, Bilaspur Division
District - Bilaaspur Chhattisgarh.
5 - Joint Director Pension, Account And Treasury Department, Bilaspur
Division, District Bilaspur Chhattisgarh.
2
... Respondents
For Petitioner(s) : Mr. F. S. Khare, Advocate
For Res./State : Ms. Shailja Shukla, Deputy Government Advocate
Hon'ble Shri Justice Amitendra Kishore Prasad
Order on Board
07/01/2025
1. Heard Mr. F. S. Khare, learned counsel petitioners as well as Ms. Shailja
Shukla, learned Deputy Government Advocate for State/respondent.
2. By way of this writ petition, the petitioner has prayed for following reliefs:
10.1 That this Hon'ble Curt may kindly be pleased to alow 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 submit that petitioners were working
as "work charged Contingency Paid Employees" under the respondent
authorities and after completion of age of superannuation they have
retired from their services but till date the respondents have not
extended the benefit of leave encashment to petitioners. 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 and
respondent authorities be directed to consider the matter of the
petitioners expeditiously within specified time.
4. Learned State counsel submits that as the petitioners are not pressing
this petition on merits and are only seeking a direction to decide the issue
for grant of leave encashment, at this stage, she is having no objection.
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 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 the said
representation.
7. Accordingly, this petition stands disposed of with aforesaid observations
and directions.
Sd/-
(Amitendra Kishore Prasad)
JUDGE
amita
