Chattisgarh High Court
Ghunaroo vs State Of Chhattisgarh on 10 March, 2025
1
Digitally
signed by
RAVI
RAVI SHANKAR
2025:CGHC:11828
SHANKAR MANDAVI
MANDAVI Date:
2025.03.18
17:51:09
+0530
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 1702 of 2025
1 - Ghunaroo S/o Shri Jaitram Aged About 61 Years R/o Village And
Post - Reda, Tahsil - Sarangarh, District- Raigarh (C.G.)
2 - Dayamati Rathiya W/o Late Shri Lakhan Lal Rathiya Aged About 44
Years R/o Village And Post- Naharpali, Tahsil- Kharsia, District- Raigarh,
Chhattisgarh
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through Secretary, Department Of Public
Works, Mahanadi Bhawan, Mantralaya, Naya Raipur, District- Raipur,
Chhattisgarh
2 - Engineer In Chief Public Works Department, Indrawati Bhawan, New
Raipur, District- Raipur, Chhattisgarh
3 - Executive Engineer Public Works Department, National Highway
Division Bilaspur, District- Bilaspur, Chhattisgarh
4 - Joint Director Treasury Account And Pension, Bilaspur, District-
Bilaspur, Chhattisgarh
... Respondent(s)
(Cause-title taken from Case Information System)
For Petitioner(s) : Mr. Shahil Singh, Advocate
For State/Respondent(s) : Ms. Poorva Tiwari, Panel Lawyer
Hon'ble Shri Justice Amitendra Kishore Prasad
Order on Board
10/03/2025
1. Heard Mr. Shahil Singh, learned counsel for the petitioners as
well as Ms. Poorva Tiwari, learned Panel Lawyer for
State/respondent/s.
2. By way of this writ petition, the petitioners have prayed for
following reliefs:
"10.1) The Hon'ble Court may kindly be pleased to call
for the entire records leading to the impugned action of
the respondents, for the kind perusal of this Hon'ble
Court.
10.2) The Hon'ble Court may further kindly be pleased
to direct the respondents to release the entire amount
of leave encashment as entitled to the petitioners, in
light of the judgment passed by this Hon'ble Court in
matter of Faguvaram Patel and others v. State of
Chhattisgarh and Ors.- WPS No. 3870 of 2021 and
other connected matters.
10.3) Any other relief which this Hon'ble Court deems
fit and proper may also kindly be granted to the
petitioner, in the interest of justice."
3. Learned counsel for the petitioners submits that the petitioners
retired from service of Labour from respondent PWD department,
after attaining superannuation and husband of petitioner No. 2 has
died, thereby, both the petitioners are receiving their respective
pensions after retirement. The respondent Public Works
Department is government agency responsible for building and
maintaining public services, such as public government
construction, highways, bridges, public transportation, drinking
water sources, etc. Thereby receiving pension in Respondent
Public Works Department, nonetheless, till date the respondents
have not granted the leave encashment, as entitled to them in
terms of the provisions of the Chhattisgarh
Work-Charged/Contingency Paid Employees Leave Rules, 1977.
The leave benefits of the petitioners are governed by the Madhya
Pradesh Work-Charged/Contingency Paid Employees Leave
Rules, 1977 (herein after the Rules, 1977) which has been made
by the erstwhile State of Madhya Pradesh and has been adopted
by the State of Chhattisgarh under the exercise of power
conferred under Article 309 of the Constitution of India. As the
petitioners are entitled for benefits of leave encashment, as there
is no prohibition in release of leave encashment amounts to
petitioners under the Rules, therefore, leave credited in the
account of the work charged/contingency paid employees
deserved to get encashment. Learned counsel for the petitioners
further submits that in the light of judgment passed by this Court in
Writ Petition (S) No.3870 of 2021 (Faguvaram Patel & Ors. Vs.
State of Chhattisgarh & Ors.) and other connected matters
decided on 30.09.2022, the petitioners are entitled for leave
encashment.
4. Learned State counsel submits 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 period of
service to avail the benefit of leave encashment.
5. I have heard learned counsel for parties and perused the
documents available in record.
6. Be that as it may, without commenting anything on the merits, this
petition is disposed of giving liberty to the petitioners to make
detailed representation before the concerned
respondent/competent authority within the period of '30 days'
from the date of receipt of copy of this order with all necessary
documents to substantiate their claim. In the event of filing of
representation, on due verification, if the petitioners are found to
be similarly situated persons, as in the case of Faguvaram Patel
(surpa), their claim shall be decided by the respondents in light of
judgment of Faguvaram Patel (Supra) expeditiously preferably
within the period of '90 days' from the date of submission of their
said representation.
7. Accordingly, this petition stands disposed of with aforesaid
observations and directions.
Sd/-
(Amitendra Kishore Prasad)
Judge
Ravi Mandavi
