Citation : 2025 Latest Caselaw 2994 Chatt
Judgement Date : 12 June, 2025
1
2025:CGHC:23728
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 3823 of 2025
1 - Girish Prasad Dwivedi S/o Ramayan Prasad Dwivedi Aged About 64 Years
R/o Naman Kala Rajmohani Devi Ward, Near Power House, Tehsil Ambikapur
District - Sarguja (C.G.) - 497001
2 - Sundar Sai S/o Ram Prit Ram Aged About 62 Years R/o Patelpara, Kerta
P.O. Dharampur District - Surajpur (C.G.) - 497223
3 - Lala Ram Prajapati S/o Ramadhin Aged About 63 Years R/o Lepra, Gursiya,
District - Korba (C.G.)- 495445
4 - Rajni Kanwar W/o Late Pratap Singh Kanwar Aged About 34 Years R/o
Jamnipali Ward 47, Jamnipali District - Korba, (C.G.) - 495450
5 - Gautam Sarthi S/o Arjun Sarthi Aged About 41 Years R/o Ward No. 12
Machadoli Lalpur District - Korba (C.G.) - 495453
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through Secretary General Administration
Department, Mahanadi Bhawan, Mantralaya, Naya Raipur Tehsil And District -
Raipur (C.G.) - 492002
2 - State Of Chhhattisgarh Through Secretary Water Resource Department,
Mahanadi Bhawan Mantalaya, Naya Raipur, Tehsil And District - Raipur (C.G.) -
492002
3 - State Of Chhattisgarh Through Secretary Finance Department, Mahanadi
Bhawan, Mantralaya Naya Raipur Tehsil And District - Raipur (C.G.) - 492002
4 - Joint Director Pension And Account Treasury Department Bilaspur Division
District - Bilaspur (C.G.)
5 - Engineer In Chief Water Resources Department Sihawa, Bhawan, New
Raipur District - Raipur (C.G.)
Digitally
signed by
VEDPRAKASH
VEDPRAKASH DEWANGAN
DEWANGAN Date:
2025.06.13
19:03:47
+0530
2
6 - Executive Engineer E And M Minimata Bango Division Machadoli,
Headquarter Katghora, District - Korba (C.G.)
... Respondent(s)
(Cause title taken from Case Information System)
For Petitioners : Mr. Pushp Kumar Gupta, Advocate
For Respondents/State : Mr. Santosh Bharat, Panel Lawyer
Hon'ble Shri Justice Ravindra Kumar Agrawal
Order on Board
12/06/2025
1. Learned counsel for the petitioners would submit that petitioners are
retired employees of the respondents' Departments and were working as
Work Charged Contingency paid employees. It is further submitted that in
light of judgment passed by this Court in WPS No. 3870 of 2021
(Faguvaram Patel and others v. State of Chhattisgarh and others)
and other connected matters, decided on 30.09.2022, present petitioners
are also entitled for leave encashment.
2. Learned State counsel would submit 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 service to avail the benefit of
leave encashment.
3. Heard learned counsel for the parties and perused the documents on
record.
4. Be that as it may, without commenting anything on merits of the case, this
petition is disposed of giving liberty to the petitioners to make a detailed
representation before the concerned respondents/competent authority
within a period of 30 days from the date of receipt of copy of this order
with all necessary documents to substantiate their claim. In that event, on
due verification, if the petitioners are found to be similarly situated
persons, as in the case of Faguvaram Patel (supra), their claim shall be
decided by the respondents in light of judgment passed in that case
expeditiously preferably within a period of 90 days from the date of
submission of the said representation.
5. Accordingly, the present petition stands disposed of with aforesaid
observation and direction.
Sd/-
(Ravindra Kumar Agrawal) Judge ved
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