Nafr High Court
Case Details
1 VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2025:CGHC:5602 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 869 of 2025 1 - Milan Singh Sahu S/o Goverdhan Lal Sahu Aged About 66 Years Retired Sthal Sayahak, Water Resources Department Balod, District Balod (C.G.) R/o Village Kumhalori, Post Kowa, District Balod, Chhattisgarh. 2 - Basant Kumar Sharma S/o Thakur Ram Sharma Aged About 69 Years Retired Sthal Sayahak, Water Resources Department Balod, District Balod, Chhattisgarh. R/o Village And Post Arajkund, District Balod, Chhattisgarh. 3 - Shekhuram Sahu Saahasi S/o Bagwani Aged About 70 Years Retired Sthal Sayahak, Water Resources Department Balod, District Balod (C.G.) R/o Village And Post Bhadera, District Balod, Chhattisgarh. 4 - Smt. Gaytri Pandey W/o Late Ashwani Kumar Pandey Aged About 61 Years (Her Late Husband Was Working As Sthal Sahayak At Water Resources Department Balod) R/o Village And Post Pinkapaar, District Balod, Chhattisgarh.
Legal Reasoning
5 - Smt. Nisha Upadhyay W/o Late Vijay Kumar Upadhyay Aged About 60 Years (Her Husband Was Retired Sthal Sayahak At Water Resources Department Balod, District Balod (C.G.) R/o Village Salhewara, Post Pinakapar, District Balod, Chhattisgarh. 6 - Dayalu Ram S/o Harinath Yadav Aged About 66 Years Retired Gangaman, Water Resources Department Balod, District Balod (C.G.) R/o Village Siwani, Post Jhalmalaa, District Balod, Chhattisgarh. 7 - Bhabhikhan S/o Dhanraj Aged About 65 Years Retired Gangman, Water Resources Department Balod, District Balod (C.G.) R/o Village Siwani, Post Jhalmalaa, District Balod, Chhattisgarh. 2 8 - Nandu Ram Nishad S/o Sarjunram Aged About 65 Years Retired Waterman, Water Resources Department Balod, District Balod (C.G.) R/o Village And Post Belmond, District Balod, Chhattisgarh. 9 - Mehataru Ram S/o Dhanraj Ratre Aged About 66 Years Retired Gangman, Water Resources Department Balod, District Balod (C.G.) R/o Village Kotera, Post Sambalpur, District Balod, Chhattisgarh. 10 - Itwari Das S/o Shyamdas Baghel Aged About 70 Years Retired Gangman, Water Resources Department Balod, District Balod (C.G.) R/o Village Kotera, Post Sambalpur, District Balod, Chhattisgarh. 11 - Ramkumar S/o Tulsi Ram Aged About 64 Years Retired Gangman, Water Resources Department Balod, District Balod (C.G.) R/o Village Kotera, Post Sambalpur, District Balod, Chhattisgarh. 12 - Kriparam Ratre S/o Ramsahay Ratre Aged About 63 Years Retired Gangman, Water Resources Department Balod, District Balod (C.G.) R/o Village Kotera, Post Sambalpur, District Balod, Chhattisgarh. 13 - Sukhram S/o Sudamaram Aged About 63 Years Retired Gangman, Water Resources Department Balod, District Balod (C.G.) R/o Village Kotera, Post Sambalpur, District Balod, Chhattisgarh. 14 - Ghurawa Ram S/o Asharam Aged About 68 Years Retired Gangman, Water Resources Department Balod, District Balod (C.G.) R/o Village Kotera, Post Sambalpur, District Balod, Chhattisgarh. 15 - Vikram Singh S/o Charan Singh Aged About 74 Years Retired Gangman, Water Resources Department Balod, District Balod (C.G.) R/o Village Kotera, Post Sambalpur, District Balod, Chhattisgarh. 16 - Smt. Shanti Singh W/o Uttam Singh Aged About 69 Years Retired Gangman, Water Resources Department Balod, District Balod (C.G.) R/o Village Kotera, Post Sambalpur, District Balod, Chhattisgarh. 17 - Smt. Ramshila W/o Bihari Lal Aged About 66 Years Retired Gangman, Water Resources Department Balod, District Balod (C.G.) R/o Village Kotera, Post Sambalpur, District Balod, Chhattisgarh. 18 - Dhirpal S/o Binjhwar Aged About 63 Years Retired Gangman, Water Resources Department Balod, District Balod (C.G.) R/o Village And Post Sambalpur, District Balod, (C.G.) 3 19 - Gokul Singh S/o Gahiru Ram Aged About 64 Years Retired Gangman, Water Resources Department Balod, District Balod (C.G.) R/o Village And Post Sambalpur, District Balod, (C.G.) 20 - Rupnath S/o Tijuram Aged About 71 Years Retired Gangman, Water Resources Department Balod, District Balod (C.G.) R/o Village Boirdih Post Tatenga, District Balod, (C.G.) 21 - Leeladas S/o Sabalu Ram Sahu Aged About 63 Years Retired Gangman, Water Resources Department Balod, District Balod (C.G.) R/o Village Chendarivan-Nawagaon, Post Tatenga, District Balod, (C.G.) 22 - Badrinath Sahu S/o Bhikhari Sahu Aged About 71 Years Retired Gangman, Water Resources Department Balod, District Balod (C.G.) R/o Village Chendarivan-Nawagaon, Post Tatenga, District Balod, (C.G.) 23 - Rangulal S/o Anandram Aged About 65 Years Retired Gangman, Water Resources Department Balod, District Balod (C.G.) R/o Village Dhourabhatha, Post Dudhali, District Balod, (C.G.) 24 - Jagdish Ram S/o Parasram Aged About 63 Years Retired Gangman, Water Resources Department Balod, District Balod (C.G.) R/o Village Dhourabhatha, Post Dudhali, District Balod, (C.G.) 25 - Khorbahara Ram S/o Ujiyar Aged About 67 Years Retired Gangman, Water Resources Department Balod, District Balod (C.G.) R/o Village Dhourabhatha, Post Dudhali, District Balod, (C.G.) 26 - Lakhanlal Sahu S/o Baraturam Aged About 64 Years Retired Gangman, Water Resources Department Balod, District Balod (C.G.) R/o Village Jewartala, Post Tatenga, District Balod, (C.G.) 27 - Kishun Ram S/o Sukhdev Aged About 63 Years Retired Gangman, Water Resources Department Balod, District Balod (C.G.) R/o Village Andi, Post Doundilahara, District Balod, (C.G.) 28 - Suresh Kumar Patel S/o Parmanand Aged About 63 Years Retired Gangman, Water Resources Department Balod, District Balod (C.G.) R/o Village And Post Ranitarai, District Balod, (C.G.) 4 29 - Chhagan Lal S/o Jhumuklal Aged About 64 Years Retired Gangman, Water Resources Department Balod, District Balod (C.G.) R/o Village Khursipar, Post Taround, District Balod, (C.G.) 30 - Kishun Lal S/o Umendi Ram Aged About 66 Years Retired Gangman, Water Resources Department Balod, District Balod (C.G.) R/o Village Reghai, Post Dudhali, District Balod, (C.G.) 31 - Bishun Lal S/o Johan Ram Aged About 62 Years Retired Gangman, Water Resources Department Balod, District Balod (C.G.) R/o Village And Post Badgaon, District Balod, (C.G.) 32 - Dhalsingh S/o Kangalu Ram Aged About 63 Years Retired Gangman, Water Resources Department Balod, District Balod (C.G.) R/o Village Parsada, Post Jagannathpur, District Balod, (C.G.) 33 - Kanwal Singh S/o Mehattar Ram Aged About 67 Years Retired Gangman, Water Resources Department Balod, District Balod (C.G.) R/o Village Khursipar, Post Taroud, District Balod, (C.G.) 34 - Bideram S/o Sukhdev Ram Aged About 65 Years Retired Gangman, Water Resources Department Balod, District Balod (C.G.) R/o Village Reghai, Post Dudhali, District Balod, (C.G.) 35 - Chandrashekhar S/o Panchuram Aged About 63 Years Retired Gangman, Water Resources Department Balod, District Balod (C.G.) R/o Village And Post Badgaon, District Balod, (C.G.) 36 - Shyamlal S/o Asharam Aged About 71 Years Retired Gangman, Water Resources Department Balod, District Balod (C.G.) R/o Village Bhendri, Post Dondilohara, District Balod, (C.G.) 37 - Bhupal Singh S/o Sakharam Aged About 67 Years Retired Gangman, Water Resources Department Balod, District Balod (C.G.) R/o Village Bangaon, Post Dudhali, District Balod, (C.G.) 38 - Uttam Singh S/o Sukhram Aged About 77 Years (Husband Of Employee Namely Lachchin Bai W/o Uttam Singh Retired Gangman, Water Resources Department Balod, District Balod (C.G.) R/o Village Kotera, Post Sambalpur, District Balod, (C.G.) 39 - Bisheshar Ram S/o Late Binjhawar Aged About 57 Years (His Mother Was In Employment Namely Late Smt. Durpat Bai W/o Late 5 Binjhawar Retired Gangman, Water Resources Department Balod, District Balod (C.G.) R/o Village Sanjari, Post Balod, District Balod, (C.G.) 40 - Smt. Dharmin Bai W/o Late Lakhan Lal Aged About 63 Years (Husband Is Retired Gangman, Water Resources Department Balod, District Balod (C.G.) R/o Village Dhourabhatha, Post Dudhali, District Balod, (C.G.) 41 - Smt. Bedu Bai W/o Late Jagdish Aged About 56 Years (Husband Is Retired Gangman, Water Resources Department Balod, District Balod (C.G.) R/o Village Dhourabhatha, Post Dudhali, District Balod, (C.G.) 42 - Smt. Ramtula Bai W/o Late Aatam Singh Aged About 60 Years (Husband Is Retired Gangman, Water Resources Department Balod, District Balod (C.G.) R/o Village Kotera, Post Sambalpur, District Balod, (C.G.) 43 - Smt. Mahawati W/o Late Dallu Ram Aged About 62 Years (Husband Is Retired Gangman, Water Resources Department Balod, District Balod (C.G.) R/o Village And Post Badgaon, District Balod, (C.G.) 44 - Smt. Shakuntala W/o Late Itwari Das Aged About 67 Years Retired Gangman, Water Resources Department Balod, District Balod (C.G.) R/o Village Kotera, Post Sambalpur, District Balod, (C.G.) 45 - Smt. Keshar Bai W/o Late Purushottam Aged About 67 Years (Husband Is Retired Gangman, Water Resources Department Balod, District Balod (C.G.) R/o Village And Post Sanjari, District Balod, (C.G.) ... Petitioners versus 1 - State Of Chhattisgarh Through Secretary, Water Resources Department, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh. 2 - Engineer In Chief Water Resources Department, Shiv Nath Bhawan, Sector-19, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh. 3 - Executive Engineer Water Resources Department, Division Balod, 6 District Balod, Chhattisgarh. ... Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioners :- Mr. Sanjay Patel, Advocate For State :- Ms. Akansha Verma, P.L. ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 30.01.2025 1. By way of this writ petition, the petitioners have prayed for following reliefs:- “10.1 That this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioners. 10.2 That this Hon'ble Court may kindly be pleased to direct the respondents authorities to give benefit of leave encashment within stipulated time to the petitioners, with interest, in the interest of the justice. 10.3 That, any other relief which the Hon'ble Court may deemed fit and proper also be granted to the petitioner, in the interest of justice.” 2. Learned counsel for the petitioner submits that petitioners No.1 to 39 & 44 are the retired employees and petitioners No.40 to 43 & 45 are the widow of the deceased retired employees of the respondent department, who were working as work charge employee in the Water Resources Department. He 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 No.1 to 39 & 44 and the husbands of 7 petitioners No.40 to 43 & 45 were entitled for leave encashment. 3. 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 No.1 to 39 & 44 and the husbands of petitioners No.40 to 43 & 45 have completed the minimum period of the service to avail the benefit of leave encashment. 4. I have heard learned counsel for parties and perused the documents available in record. 5. Be that as it may, without commenting anything on the merits, this petition is disposed off 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 respective claim. In the event of filing of representation, on due verification, the petitioners No.1 to 39 & 44 and the husbands of petitioners No.40 to 43 & 45 are found to be similarly situated persons, as in the case of Faguvaram Patel (supra), their respective 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 the said representation. 6. Accordingly, this petition stands disposed off with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Vishakha