Chattisgarh High Court
Ganga Prasad Kushwaha vs State Of Chhattisgarh on 8 January, 2025
1
2025:CGHC:1107
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
Digitally
signed by
WPS No. 106 of 2025
RAVI
SHANKAR
MANDAVI
1 - Ganga Prasad Kushwaha S/o Mansai Kushwaha Aged About 68
Years Retired Time Keeper R/o Village Karji, Tahsil- Ambikapur District-
Sarguja (C.G.)
2 - Dinesh Kumar Kushwaha S/o Gendaram Kushwaha Aged About 66
Years Retired Time Keeper R/o Village And Post- Karji, Tahsil-
Ambikapur District- Sarguja (C.G.)
3 - Mumtaj Ahmad S/o Late Mohammad Ashik Aged About 74 Years
Retired Driver R/o Mominpura Ambikapur Tahsil- Ambikapur District
Sarguja (C.G.)
4 - Vimal Viswas S/o Late Satyacharan Vishwas Aged About 64 Years
R/o Talab Para Madanpur Tahsil-Surajpur, District Sarguja (C.G.)
5 - Mohan Das S/o Sukharam Das Aged About 69 Years Retired
Chowkidar, R/o Village- Rajpuri Kalan, Tahsil- Lakhanpur, District-
Sarguja (C.G.)
6 - Lardhu Ram S/o Amir Say Aged About 71 Years Retired Chowkidar
R/o Village Katkona, Post- Lahpatra Tahsil-Lakhanpur, District- Sarguja
(C.G.)
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through- The Secretary, Water Resources
Department, Mahanadi, Bhawan, Mantralay Nava Raipur District Raipur
2
(C.G.)
2 - Engineer In Chief Water Resources Department, Shivnath Bhawan,
Narth Block Sector 19 Nava Raipur District Raipur (C.G.)
3 - Chief Engineer Hasdev Ganga Kachar, Water Resources
Department Ambikapur District-Sarguja (C.G.)
4 - Executive Engineer Water Resources Division No 01 Ambikapur
District- Sarguja (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 petitioners are
retired employees of the respondent department. The petitioners
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
