Citation : 2025 Latest Caselaw 2997 Chatt
Judgement Date : 12 June, 2025
1
2025:CGHC:23634
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 3838 of 2025
1 - Dora Khare W/o Late Shri Sot Ram Khare Aged About 52 Years R/o Ward
No. 08, New Chandaniyapara, District Janjgir, Nagar Panchayat-Naila-Janjgir,
District- Janjgir-Champa (C.G.)
2 - Ramphal Patel S/o Siya Ram Patel Aged About 65 Years R/o Ward No. 12
Patel Moholla, Kurda, District- Janjgir-Champa (C.G.)
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through Secretary, Department Of Public Health
Engineering (P.H.E.), Mahanadi Bhawan, Nava Raipur, District- Raipur,
Chhattisgarh
2 - Engineer-In-Chief Department Of Public Health Engineering (P.H.E.) Atal
Nagar, Sector 19, Nawa Raipur, Chhattisgarh
3 - Chief Engineer Public Health Engineering (P.H.E.) Zone- Bilaspur, District-
Bilaspur, Chhattisgarh
4 - Superintendent Engineer Public Health Engineering (P.H.E.), Bilaspur,
Circle- Bilaspur, District- Bilaspur, Chhattisgarh
5 - Executive Engineer Janjgir-Champa Public Health Engineering (P.H.E.)
Department Division Janjgir-Champa, District- Janjgir-Champa, Chhattisgarh
6 - Divisional Joint Director Treasury Accounts And Pensions Bilaspur, District-
Janjgir-Champa, Chhattisgarh
7 - Treasury Officer District Treasury Janjgir-Champa, District Janjgir-Champa,
Chhattisgarh
... Respondent(s)
(Cause title taken from Case Information System)
VEDPRAKASH DEWANGAN
For Petitioners : Mr. Akash Shrivastava, Advocate
For Respondents/State : Mr. Akhilesh Kumar, Govt. Advocate
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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