Chattisgarh High Court
Smt. Rajwanti Bai vs State Of Chhattisgarh on 8 January, 2025
1
2025:CGHC:1106
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
Digitally
WPS No. 103 of 2025
signed by
RAVI
SHANKAR
MANDAVI
1 - Smt. Rajwanti Bai W/o Late Sujan Singh Aged About 65 Years R/o
Village-Kishan Rice Mill Namankala Ambikapur, Tahsil-Ambikapur
District Sarguja (C.G.)
2 - Smt. Gulabi Singh W/o Late Chandramukhi Singh Aged About 60
Years R/o Ward No. 17 Kedarpur Ambikapur, Tahsil-Ambikapur District
Sarguja (C.G.)
3 - Smt. Devani Bai W/o Laxman Ram Aged About 61 Years R/o Village-
Fatehpur Tahsil Ambikapur District Sarguja (C.G.)
4 - Lakhan Matbar S/o Upen Matbar Aged About 65 Years R/o Village
Bhagwanpur(Banaras Road) Tasil Ambikapur District Sarguja (C.G.)
5 - Smt., Rukhmani Adhikari W/o Ganesh Chandra Adhikari Aged About
62 Years R/o Village Silfili, Tahsil Surajpur, District Sarguja (C.G.)
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through The Secretary, Water Resource
Department, Mahanadi Bhawan, Mantratalay Nava Raiput District
Raiput (C.G.)
2 - Chief Engineer Hasdeo Kachhar, Water Resources Di Vision
Bilaspur, District Bilaspur ( C.G.)
3 - Chief Engineer, Hasdev Kacchar, Water Resoures Divisuion
Bilaspur, District Bilaspur (C.G.)
2
4 - Executive Engineer E/m Heavy Machinery Division, Water
Resources Department, Bilaspur (C.G.)
5 - Executive Engineer E/m Light Machinery Tube Well And Gate
Division , Water Resources Division, Bilaspur (C.G.)
... Respondent(s)
(Cause-title taken from Case Information System)
For Petitioner(s) : Mr. Hemant Kesharwani, Advocate
For State/Respondent(s) : Mr. Kawaljeet Singh Saini, Panel Lawyer
Hon'ble Shri Justice Amitendra Kishore Prasad
Order on Board
08/01/2025
1. Heard.
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 autorities 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 that the petitioner
No.1 and 4 are retired employees of the respondent department
and petitioner No.2, 3 and 5 are widows of employee who were
retired from the respondent department. The petitioner No.1 and 4
and husband of petitioner No.2, 3 and 5 were worked as work
charged/ contingency paid employees in the respondents
department and the services of petitioners are governed by
Chhattisgarh Irrigation Department, Contingency Paid Employees
Recruitment and Conditions of Service Rules. 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.
4. 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.
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 their
said representation.
7. Accordingly, this petition stands disposed of with aforesaid
observations and directions.
Sd/-
(Amitendra Kishore Prasad)
Judge
Ravi Mandavi
