Citation : 2025 Latest Caselaw 3110 Chatt
Judgement Date : 18 June, 2025
Digitally signed by
V PADMAVATHI
Date: 2025.06.19
18:39:53 +0530
2025:CGHC:25514
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 5016 of 2025
1 - Dinanath Sahu S/o Savant Ram Aged About 63 Years Retire Chowkidar R/o
Village- Sankra, Tehsil - Nagri, District- Dhamtari (C.G.)
2 - Ramu Lal Sahu S/o Niram Singh Sahu Aged About 63 Years Retired Chowkidar,
R/o Village - Hinchapur, Tehsil - Nagri, District- Dhamtari (C.G.)
3 - Smt. Bhagbati W/o Narendra Kumar Aged About 63 Years Retired Labour, R/o
Village- Sankra, Tehsil - Nagri, District- Dhamtari (C.G.)
4 - Nandu Ram Sahu S/o Bodhiram Sahu Aged About 63 Years Retired Gangman,
R/o Village- Anjani Para, Ranigaon, Tehsil - Nagri, District- Dhamtari (C.G.)
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through, The Secretary, Water Resource Department
Mahanadi Bhawan Atal Nagar Raipur (C.G.)
2 - Engineer In Chief Water Resource Department Raipur District- Raipur,
Chhattisgarh.
3 - Chief Engineer Mahanadi Godawari Kachhar, Water Resource Department Raipur,
District- Raipur (C.G.)
4 - Executive Engineer Mahanadi Jalasay Pariyojna, Dam Division No. 2 Rudri,
District-Dhamtari (C.G.)
5 - Sub Divisional Officer Mahanadi Jalasay Pariyojna Sub Division No. 5, Tehsil
Nagri, District- Dhamtari (C.G.)
... Respondents
(Cause title is taken from the CIS)
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For Petitioners : Shri Swapnil Keshari, and Shri Akash Singh, Advocates For Respondents/State : Shri Akhilesh Kumar, GA and Shri Khulesh Sahu, PL
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Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 18.06.2025 Wps 5016 of 2025
1. Learned counsel for the petitioners would submit that petitioners are retired
employees of the Water Resource 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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