Citation : 2025 Latest Caselaw 3002 Chatt
Judgement Date : 12 June, 2025
1
2025:CGHC:23687
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 4191 of 2025
1 - Smt. Talisa Tirki W/o Late Shri Kostan Tirki Aged About 55 Years R/o Village-
Bhimsela, Tahsil Manora, District Jashpur, Chhattisgarh. Legal Heir Of Late Shri
Kostan Tirki Gang Shramik Akushal At Executive Engineer, Public Works
Department, Division Jashpur, District Jashpur, Chhattisgarh.
2 - Smt. Pato Bai W/o Late Shri Prabhu Ram Aged About 56 Years R/o Village-
Kandora, Tahsil Manora, District Jashpur, Chhattisgarh. Legal Heir Of Late Shri
Prabhu Ram Gang Shramik Akushal At Executive Engineer, Public Works
Department, Division Jashpur, District Jashpur, Chhattisgarh.
3 - Smt. Phulo Bai W/o Late Shri Katika Ram Aged About 65 Years R/o Village-
Bhimsela, Tahsil Manora, District Jashpur, Chhattisgarh. Legal Heir Of Late Shri
Katika Ram Gang Shramik Akushal At Executive Engineer, Public Works
Department, Division Jashpur, District Jashpur, Chhattisgarh.
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through The Secretary, Department Of Public Works,
Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur, Chhattisgarh.
2 - Engineer In Chief Department Of Public Works, Nirman Bhawan, North
Block, Naya Raipur, Chhattisgarh.
3 - Chief Engineer Public Works Department, Ambikapur, District Surguja,
Chhattisgarh.
4 - Executive Engineer Public Works Department, Division Jashpur, District
Jashpur, Chhattisgarh.
5 - Joint Director Treasury, Account And Pension, Ambikapur, District Surguja,
Chhattisgarh.
... Respondent(s)
(Cause title taken from Case Information System) Digitally signed by VEDPRAKASH VEDPRAKASH DEWANGAN DEWANGAN Date:
2025.06.13 19:04:31 +0530
For Petitioners : Mr. Jeet Ram Patel, Advocate
For Respondents/State : Mr. Ajit Singh, Govt. Advocate and Ms. Smita Jha, 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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