Citation : 2025 Latest Caselaw 3119 Chatt
Judgement Date : 19 June, 2025
1
2025:CGHC:25628
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 4956 of 2025
1 - Keshav Ram Sinha S/o Kanhaiyalal Sinha Aged About 70 Years Retired
Labour R/o Village Maleshar . Tehsil And District - Mahasamund (C.G.)
2 - Roop Lal Dhruw S/o Samaru Ram Aged About 65 Years Retired Labour R/o
Khatti . Tehsil And District - Mahasamund (C.G.)
3 - Jagdish Ram Kewat S/o Thanwar Aged About 63 Years Retired Labour R/o
Villag Khatti . Tehsil And District - Mahasamund (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
(C.G.)
3 - Chief Engineer Mahanadi Godawari Kachhar, Water Resource Department
Raipur District - Raipur (C.G.)
4 - Executive Engineer Water Resource Division Mahasamund District -
Mahasamund (C.G.)
--- Respondent(s)
1 - Sukrit Das S/o Sukhdev Das Aged About 67 Years R/o Village Dr. Rajendra Prasad Ward, Hospital Road Darripara Ambikapur, District Surguja Chhattisgarh
2 - Siyaram S/o Mandru Aged About 72 Years Retired Labour, R/o Village Belkota, Tehsil Batoli, District Surguja Chhattisgarh
3 - Ramjit Rajwade S/o Butul Rajwade Aged About 62 Years Retired Labour, R/o Village Bhittikala Tehsil Ambikapur, District Surguja Chhattisgarh
Digitally signed by VEDPRAKASH VEDPRAKASH DEWANGAN DEWANGAN Date:
2025.06.19 18:30:02 +0530
---Petitioner(s)
Versus
1 - State Of Chhattisgarh Through The Secretary, Public Work Department, Mantralaya Mahanadi Bhawan Atal Nagar Raipur, District Raipur Chhattisgarh
2 - Chief Engineer Public Work Department (National Highway) Raipur District Raipur Chhattisgarh
3 - Superintendent Engineer Public Works Department (National Highway) Bilaspur District Bilaspur Chhattisgarh
4 - Executive Engineer Public Works Department National Highway Division Ambikapur, District Surguja Chhattisgarh ... Respondent(s) (Cause title taken from Case Information System)
For Petitioner(s) : Mr. Swapnil Keshari, Advocate
For Respondent(s)/State : Mr. Santosh Bharat, Panel Lawyer
Hon'ble Shri Justice Ravindra Kumar Agrawal
Order on Board
19/06/2025
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, the
present petitions are 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 petitions stand disposed of with aforesaid
observation and direction.
Sd/-
(Ravindra Kumar Agrawal) Judge ved
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