Citation : 2025 Latest Caselaw 3049 Chatt
Judgement Date : 16 June, 2025
2025:CGHC:24536
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 4681 of 2025
1 - Jageshwar Ram S/o Late Shri Pandu Ram Aged About 67 Years Retired Gang
Shramik Akushal At Executive Engineer, Public Works Department, Division Jashpur,
District Jashpur, Chhattisgarh. R/o Village Ghatgonv, Tahsil Manora, District Jashpur,
Chhattisgarh.
2 - Sita Ram S/o Late Shri Jerku Ram Aged About 68 Years Retired Gang Shramik At
Executive Engineer, Public Works Department, Division Jashpur, District Jashpur,
Chhattisgarh. R/o Village Ghatgonv, Tahsil Manora, District Jashpur, Chhattisgarh.
3 - Gotiya Ram Bhagat S/o Shri Chhorri Ram Bhagat Aged About 80 Years Retired
Sthal Sahayak At Executive Engineer, Public Works Department, Division Jashpur,
District Jashpur, Chhattisgarh. R/o Village Aarakona, Tahsil Manora, 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.
... Respondents
(Cause title is taken from the CIS)
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For Petitioners : Shri Prabhu Lal, Advocate on behalf of Shri Jeet Ram Patel, Advocate For Respondents/State : Shri Sabyasachi Choubey, PL
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Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board Wps 4681 of 2025
16.06.2025
1. Learned counsel for the petitioners would submit that petitioners are retired
employees of the Public Works Department, and were working as Work Charged
Contingency paid employees. It is further submitted that in light of judgment passed
by this Court in WPS-3870 of 2021 (Faguvaram Patel, and others Vs 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 respondent/ 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, petition stands disposed of with aforesaid observation and
direction.
Sd/-
(Ravindra Kumar Agrawal) JUDGE padma
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