Nafr High Court
Case Details
1 Digitally signed by GOPAL SINGH Date: 2025.02.19 11:20:52 +0530 2025:CGHC:7828 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1204 of 2025 1 - Agas Ram Verma S/o Late Ghasiya Ram Verma Aged About 69 Years Retired 'labour' Posted At Office Of S.D.O. Jal Prabandh Sub Division No. 07 Balouda Bazar Water Resources Department, District Balouda Bazar Bhathapara (C.G.) R/o- Village Pounsari Post Karamda Tahsil Balouda Bazar And District- Balouda Bazar Bhatapara (C.G.) 2 - Janak Ram Rajak S/o Late Derha Ram Rajak Aged About 73 Years Retired 'labour' Posted At Office Of S.D.O. Jal Prabandh Sub Division No. 07 Balouda Bazar Water Resources Department, District Balouda Bazar Bhathapara (C.G.) R/o- Village Pounsari Post Karamda Tahsil Balouda Bazar And District- Balouda Bazar Bhatapara (C.G.) 3 - Jagannath Kanwar S/o Late Puru Ram Kanwar Aged About 64 Years Retired 'labour' Posted At Office Of S.D.O. Jal Prabandh Sub Division No. 07 Balouda Bazar Water Resources Department, District Balouda Bazar Bhathapara (C.G.) R/o- Village Medh Post Raseda Tahsil Balouda Bazar And District- Balouda Bazar Bhatapara (C.G.) 4 - Tulsiram Audholiya S/o Late Bhagela Audholiya Aged About 66 Years Retired 'labour' Posted At Office Of S.D.O. Jal Prabandh Sub Division No. 07 Balouda Bazar Water Resources Department, District Balouda Bazar Bhathapara (C.G.) R/o- Village Pounsari Post Karamda Tahsil Balouda Bazar And District- Balouda Bazar Bhatapara (C.G.) 5 - Kholbahara Ram S/o Late Lambar Ram Verma Aged About 80 Years Retired 'sthal Sahayak' Posted At Office Of S.D.O. Balamdehi And Kantra, Survekshan Sub Division Kasdol Water Resources Department, District Balouda Bazar Bhathapara (C.G.) R/o- Village Pounsari Post Karamda Tahsil Balouda Bazar And District- Balouda Bazar Bhatapara (C.G.)
Legal Reasoning
6 - Smt. Rambati Verma W/o Late Prabhuram Verma Aged About 70 Years R/o- Village 2 Pounsari Post Karamda Tahsil Balouda Bazar And District- Balouda Bazar Bhathapara (C.G.) Husband Of Petitioner Was Retired 'labour' Posted At Office Of S.D.O. Jal Prabandh Sub Division No. 07 Balouda Bazar Water Resource Department, District Balouda Bazar Bhathapara (C.G.) 7 - Smt. Satrupa Verma W/o Late Bhukhan Verma Aged About 61 Years R/o- Village Pounsari Post Karamda Tahsil Balouda Bazar And District Balouda Bazar Bhathapara (C.G.) Husband Of Petitioner Was Retired 'labour' Posted At Office Of S.D.O. Jal Prabandh Sub Division No. 07 Balouda Bazar Water Resources Department, District Balouda Bazar Bhathapara (C.G.) 8 - Smt. Feeta Bai Painkra W/o Late Hariram Painkra Aged About 56 Years R/o Village Khamhardih Post Lahod Tahsil Balouda Bazar And District- Balouda Bazar Bhathapara (C.G.) Husband Of Petitioner Was Retired 'labour' Posted At Office Of S.D.O. Jal Prabandh Sub Division No. 06 Balouda Bazar Water Resources Department, District Balouda Bazar Bhathapara (C.G.) 9 - Smt. Shail Bai Trivedi W/o Late Vishnu Prasad Trivedi Aged About 58 Years R/o- Village Pounsari Post Karamda Tahsil Balouda Bazar And District- Balouda Bazar Bhathapara (C.G.) Husband Of Petitioner Was Retired 'labour' Posted At Office Of S.D.O. Jal Prabandh Sub Division No. 07 Balouda Bazar Water Resources Department, District Balouda Bazar Bhathapara (C.G.) 10 - Smt. Amrit Sahu W/o Late Ankaluram Sahu Aged About 66 Years R/o- In Front Of Shanti Chhaya, Kelabadi Tahsil And District- Durg (C.G.) Husband Of Petitioner Was Retired 'water Man' Posted At Office Of Executive Engineer Kharkhara Mehandipat Pariyojna Division Durg Water Resources Department, District Durg (C.G.) ... Petitioners versus 1 - State of Chhattisgarh Through Secretary, Department Of Water Resources Mahanadi Bhawan, Mantralaya, New Raipur, District- Raipur (C.G.) 2 - Engineer in Chief Water Resources Department, Sihawa Bhawan New Raipur, District- Raipur (C.G.) 3 - Chief Engineer Mahanadi Godavari Kachhar Department Of Water Resources Raipur District- Raipur (C.G.) 3 4 - Executive Engineer Jal Prabandh Division No. 02, Balouda Bazar, Water Resources Department, District- Balouda Bazar Bhathapara (C.G.) 5 - Executive Engineer Jal Sanshadhan Nirman Division Kasdol, Water Resources Department District Balouda Bazar-Bhatapara (C.G.) 6 - Executive Engineer Kharkhara Mehandipat Pariyojna Division Durg Water Resources Department, District Durg (C.G.) 7 - Joint Director Pension And Account Treasury Department Raipur Division, District Raipur (C.G.) 8 - Joint Director Pension And Account Treasury Department Durg Division, District Durg (C.G.) (Cause title is taken from Case Information System) ... Respondents For Petitioners For State/Respondents : : Ms. Nilu Kumari Singh, Advocate Shri Soumitra Kesharwani, Panel Lawyer Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 13/02/2025 1. By filing this petition, the petitioners have prayed for following reliefs: “10.1 That this Hon'ble court may kindly be pleased to allow the writ petition and be pleased to issue an order/direction to the respondent authorities to grant the benefit of leave encashment to the petitioners. 10.2 That, this Hon'ble court may kindly be call for the records for its kind perusal which relates to petitioner's matter. 10.3 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioners.” 2. Learned counsel for the petitioners submits that petitioners No.1 to 5 and husbands of petitioners No.6 to 10 were working as work charged contingency 4 paid employees in the Water Resources Department. Initially, they were employed on temporary basis, thereafter, their services were regularised. After completion of age of superannuation, they retired from the services. Now husbands of petitioners No.6 to 10 have expired. The respondents authorities granted pension and gratuity to the petitioners, but, benefit of leave encashment is not granted to them. It is the claim of the petitioners that in light of the judgment passed by this Court on 30.9.2022 in Writ Petition (S) No.3870 of 2021 (Faguvaram Patel and others v. State of Chhattisgarh and others) and other connected matters, the petitioners are entitled for leave encashment. 3. Learned counsel appearing for the State/respondents submits that sufficient documents have not been filed by the petitioners and it is also not reflected as to whether petitioners No.1 to 5 and husbands of petitioners No.6 to 10 have completed the minimum period of service to avail the benefit of leave encashment. 4. I have heard the arguments raised on behalf of the parties and perused the documents available. 5. Be that as it may, without commenting anything on merits of the case, the
Decision
instant writ 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 a 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 (supra), their claim shall be decided by the respondents authorities in light of the judgment of 5 Faguvaram Patel (supra) expeditiously preferably within a period of 90 days from the date of submission of the said representation. 6. Accordingly, the writ petition stands disposed of with the aforesaid observations and directions. Gopal Singh Sd/- (Amitendra Kishore Prasad) JUDGE