Citation : 2025 Latest Caselaw 4180 Chatt
Judgement Date : 2 September, 2025
Digitally signed by
V PADMAVATHI
Date: 2025.09.04
11:10:03 +0530
2025:CGHC:44811
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 10252 of 2025
1 - Smt. Heerabai (Legal Heir) W/o Late Shankarlal Aged About 33 Years Widow Of
Work Charged Employee, R/o Ward No. 14, Sikolabhata, Durg, Post Durg, Tehsil
Durg, Distt. Durg, Chhattisgarh.
2 - Smt. Sheeba Kenth (Legal Heir) W/o Late Viviyan Kenth Aged About 51 Years
Widow Of Work Charged Employee, R/o C, 26 M.P. Housing Board Bhilai, Post Bhilai,
Tehsil Bhilai, Distt. Durg, Chhattisgarh.
3 - Nokeshwar Sahu (Legal Heir) S/o Late Ramdas Sahu Aged About 40 Years S/o
Work Charged Employee, R/o Ward No. 54, Potiakala Bhatapara, Durg, Post Durg,
Tehsil And Distt.Durg, Chhattisgarh.
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through The Chief Secretary, Mantralaya, Mahanadi
Bhawan, Atal Nagar, Nawa Raipur, Distt. Raipur, Chhattisgarh.
2 - State Of Chhattisgarh Through The Secretary, General Administration Department,
Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Distt. Raipur, Chhattisgarh.
3 - State Of Chhattisgarh Through The Secretary, Public Works Department,
Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Distt. Raipur, Chhattisgarh.
4 - State Of Chhattisgarh Through The Secretary, Department Of Finance, Accounts
And Treasury, Govt. Of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Atal Nagar,
Nawa Raipur, Distt. Raipur, Chhattisgarh.
5 - The Executive Engineer Public Works Department Division No. 01 Durg, Distt.
Durg, Chhattisgarh.
6 - The Executive Engineer Public Works Department Durg Division Durg, Distt. Durg,
Chhattisgarh.
...Respondents
(Cause title is taken from the CIS)
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For Petitioners : Shri Anand Kumar Kujur, Advocate For Respondents/State : Shri Mayur Khandelwal, PL
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Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 02.09.2025 Wps 10252 of 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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