Nafr High Court
Case Details
1 / 10 SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.03.22 10:49:22 +0530 2025:CGHC:13528 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1912 of 2025 1 - Rangelal S/o Shri Jaglu Aged About 64 Years Retired Work-Charge Labour At Executive Engineer, Public Works Department, National Highway, Division Ambikapur, District- Surguja, (C.G.), R/o Ward No. 09, Sarkari Dafai, Jhagrakhand Tahsil Manendragarh, District- M.C.B. (C.G.) 2 - Fatte S/o Shri Buddhu Aged About 65 Years Retired Work-Charge Labour At Executive Engineer, Public Works Department, National Highway, Division Ambikapur, District- Surguja, (C.G.), R/o. Village- Nagpur, Tahsil Manendragarh, District- M.C.B. (C.G.) 3 - Sobhnath S/o Shri Amar Singh Aged About 65 Years Retired Work-Charge Labour At Executive Engineer, Public Works Department, National Highway, Division Ambikapur, District- Surguja, (C.G.), R/o. Village- Dagaura, Tahsil Manendragarh, District- M.C.B. (C.G.) 4 - Birjhu Ram S/o Shri Mangru Ram Aged About 69 Years Retired Work- Charge Regular Labour At Executive Engineer, Public Works Department, National Highway, Division Ambikapur, District- Surguja, (C.G.), R/o Village- Kandora, Tahsil Kunkuri, District- Jashpur, (C.G.)
Legal Reasoning
5 - Amar Sai S/o Shri Loya Aged About 70 Years Retired Work-Charge Regular Labour At Executive Engineer, Public Works Department, National Highway, Division Ambikapur, District- Surguja, (C.G.), R/o Village- Karabel, Tahsil Mainpat, District- Surguja, (C.G.) 2 / 10 6 - Smt. Binako Minj D/o Shri Imanuvej Aged About 62 Years W/o Shri Manbel, Retired Work-Charge Regular Labour At Executive Engineer, Public Works Department, National Highway, Division Ambikapur, District- Surguja (C.G.), R/o. Village- Ratiya, Tahsil Jashpur, District Jashpur (C.G.) 7 - Dashrath S/o Shri Ranbir Aged About 66 Years Retired Work-Charge Labour At Executive Engineer, Public Works Department, National Highway, Division Ambikapur, District- Surguja (C.G.), R/o. Village- Dagaura, Tahsil Manendragarh, District- M.C.B. (C.G.) 8 - Jayshri S/o Shri Bhakura Aged About 72 Years Retired Work-Charge Regular Labour At Executive Engineer, Public Works Department, National Highway, Division Ambikapur, District- Surguja (C.G.), R/o. Village- Karabel, Tahsil Mainpat, District Surguja (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through- The Secretary, Department Of Public Works, Mantralaya, Mahanadi Bhawan, New Raipur, District- Raipur (C.G.) 2 - Engineer In Chief Department Of Public Works, Nirman Bhawan, North Block, Naya Raipur, (C.G.) 3 - Chief Engineer Public Works Department, National Highway Zone Raipur, District- Raipur, (C.G.) 4 - Executive Engineer Public Works Department, National Highway, Division Ambikapur, District- Surguja (C.G.) 5 - Joint Director Treasury, Account And Pension, Ambikapur, District- Surguja, (C.G.) --- Respondent(s) with 3 / 10 WPS No. 1922 of 2025 1 - Rafail Lakra S/o Shri Jitiya Lakra Aged About 68 Years Retired Gang Labour At Executive Engineer, Public Works Department, National Highway, Division Ambikapur, District Surguja, (C.G.), R/o. Village- Bartoli (Putrichoura), Tahsil Jashpur, District Jashpur (C.G.) 2 - Saihoon Kerketta S/o Shri Jaymasih Kerketta Aged About 68 Years Retired Gang Labour At Executive Engineer, Public Works Department, National Highway, Division Ambikapur, District Surguja, (C.G.), R/o. Village- Ratiya, Tahsil Jashpur, District Jashpur (C.G.) 3 - Karamchand Kindo S/o Shri Manijar Aged About 65 Years Retired Work- Charge Labour At Executive Engineer, Public Works Department, National Highway, Division Ambikapur, District Surguja, (C.G.), R/o. Village- Pachira, Tahsil Surajpur, District Surguja (C.G.) 4 - Somaru S/o Shri Ranjit Singh Aged About 64 Years Retired Work-Charge Labour At Executive Engineer, Public Works Department, National Highway, Division Ambikapur, District Surguja, (C.G.), R/o. Village- Girwarganj, Tahsil Surajpur, District Surguja (C.G.) 5 - Shankar Panika S/o Shri Jyolok Panika Aged About 63 Years Retired Work-Charge Labour At Executive Engineer, Public Works Department, National Highway, Division Ambikapur, District Surguja, (C.G.), R/o. Village- Girwarganj, Tahsil Surajpur, District Surguja (C.G.) 6 - Samal S/o Shri Matvar Aged About 62 Years Retired Work-Charge Regular Labour At Executive Engineer, Public Works Department, National Highway, Division Ambikapur, District Surguja, (C.G.), R/o. Village- Jampara (Jhargaon), Tahsil Batauli, District Surguja (C.G.) 7 - Jeetu Ram S/o Shri Bhaglu Tirkwar Aged About 70 Years Retired Work- Charge Labour At Executive Engineer, Public Works Department, National Highway, Division Ambikapur, District Surguja, (C.G.), R/o. Village- Putrichoura, Tahsil Jashpur, District Jashpur (C.G.) 4 / 10 8 - Jayram S/o Shri Mansay Aged About 65 Years Retired Work-Charge Labour At Executive Engineer, Public Works Department, National Highway, Division Ambikapur, District Surguja, (C.G.), R/o. Village- Karabel, Tahsil Mainpat, District Surguja (C.G.) 9 - Sitaram S/o Shri Heera Say Aged About 69 Years Retired Labour At Executive Engineer, Public Works Department, National Highway, Division Ambikapur, District Surguja, (C.G.), R/o. Village- Darritola, Tahsil Bharatpur, District Korea (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through- The Secretary, Department Of Public Works, Mantralaya, Mahanadi Bhawan, New Raipur, District- Raipur, (C.G.) 2 - Engineer In Chief Department Of Public Works, Nirman Bhawan, North Block, Naya Raipur (C.G.) 3 - Chief Engineer Public Works Department, National Highway Zone Raipur, District Raipur, (C.G.) 4 - Executive Engineer Public Works Department, National Highway, Division Ambikapur, District Surguja (C.G.) 5 - Joint Director Treasury, Account And Pension, Ambikapur, District Surguja, (C.G.) --- Respondent(s) with WPS No. 1930 of 2025 1 - Rameshwar Ram S/o Shri Budhu Ram Aged About 65 Years Retired Work-Charge Labour At Executive Engineer, Public Works Department, National Highway, Division Ambikapur, District Surguja, Chhattisgarh R/o Village - Muskuti, Tahsil Kansabel, District Jashpur Chhattisgarh 5 / 10 2 - Tikam Sai S/o Shri Sohad Ram Aged About 68 Years Retired Labour At Executive Engineer, Public Works Department, National Highway, Division Ambikapur, District Surguja Chhattisgarh R/o Village - Balakpondi, Tahsil Dharamjaigarh, District Raigarh Chhattisgarh 3 - Sukhdev Ram S/o Shri Vishnusay Aged About 67 Years Retired Work- Charge Labour At Executive Engineer, Public Works Department, National Highway, Division Ambikapur, District Surguja, Chhattisgarh R/o Village Karmitikra, Tahsil Pathalgaon, District Jashpur Chhattisgarh 4 - Jagarnath Ram S/o Shri Lundru Ram Aged About 66 Years Retired Work- Charge Labour At Executive Engineer, Public Works Department, National Highway, Division Ambikapur, District Surguja, Chhattisgarh, R/o Village - Mahuwatoli, Tahsil Duldula, District Jashpur Chhattisgarh 5 - Ganesh Ram S/o Shri Dil Say Aged About 73 Years Retired Work-Charge Labour At Executive Engineer, Public Works Department, National Highway, Division Ambikapur, District Surguja, Chhattisgarh, R/o Village - Charkhapara, Tahsil Dharamjaigarh, District Raigarh, Chhattisgarh 6 - Kunvar Sai S/o Shri Sukhana Bakhla Aged About 68 Years Retired Gang Labour At Executive Engineer, Public Works Department, National Highway, Division Ambikapur, District Surguja, Chhattisgarh R/o Village - Balampur, Tahsil Batauli, District Surguja Chhattisgarh 7 - Jethu Ram S/o Shri Bramhan Aged About 67 Years Retired Work-Charge Labour At Executive Engineer, Public Works Department, National Highway, Division Ambikapur, District Surguja, Chhattisgarh, R/o Village - Lichirma, Tahsil Sitapur, District Surguja Chhattisgarh 8 - Dil Sai S/o Shri Jangali Xalxo Aged About 66 Years Retired Work-Charge Labour At Executive Engineer, Public Works Department, National Highway, Division Ambikapur, District Surguja, Chhattisgarh, R/o Village - Ulkiya, Tahsil Sitapur, District Surguja Chhattisgarh ---Petitioner(s) Versus 6 / 10 1 - State Of Chhattisgarh Through The Secretary, Department Of Public Works, Mantralaya, Mahanadi Bhawan, New Raipur, District - Raipur Chhattisgarh 2 - Engineer In Chief Department Of Public Works, Nirman Bhawan, North Block, Naya Raipur, Chhattisgarh 3 - Chief Engineer Public Works Department, National Highway Zone Raipur, District Raipur, Chhattisgarh 4 - Executive Engineer Public Works Department, National Highway, Division Ambikapur, District Surguja, Chhattisgarh 5 - Joint Director Treasury, Account And Pension, Ambikapur, District Surguja, Chhattisgarh --- Respondent(s) with WPS No. 1931 of 2025 1 - Krishan Kumar Pandey S/o Shri Vanshpati Pandey Aged About 63 Years Retired Sthal Sahayak At Executive Engineer Public Works Department Bridge Division Ambikapur District - Surguja (C.G.) R/o Civil Line Manendragarh District - M.C.B.(C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary Department Of Public Works Mantralaya Mahanadi Bhawan New Raipur District - Raipur (C.G.) 2 - Engineer In Chief Department Of Public Works Nirman Bhawan North Block Naya Raipur (C.G.) 3 - Chief Engineer Public Works Department Bridge Raipur District - Raipur (C.G.) 7 / 10 4 - Superintendent Engineer Public Works Department Bridge Ambikapur District- Surguja (C.G.) 5 - Executive Engineer Public Works Department Bridge Division Ambikapur District - Surguja (C.G.) 6 - Joint Director Treasury Account And Pension, Division Ambikapur District - Surguja (C.G.) --- Respondent(s) with WPS No. 1933 of 2025 1 - Smt. Adreena Lakra W/o Late Shri Viktor Lakra Aged About 55 Years R/o Village Rupsera, Tahsil Bagicha, District Jashpur, (C.G.), Legal Heir Of Late Shri Viktor Lakra 'labour' At Executive Engineer, Public Works Department, National Highway, Division Ambikapur, District Surguja, C.G. 2 - Smt. Matiyaro W/o Late Shri Sewan Kerketta Aged About 61 Years R/o Village Raghunathpur, Tahsil Lundra, District Jashpur, (C.G.), Legal Heir Of Late Shri Sewan 'labour' At Executive Engineer, Public Works Department, National Highway, Division Ambikapur, District Surguja, C.G. 3 - Smt. Sumitra W/o Late Shri Anand Ram Aged About 60 Years R/o Village Chhuripahari, Tahsil Pathalgaon, District Jashpur (C.G.), Legal Heir Of Late Shri Anand Ram 'labour' At Executive Engineer, Public Works Department, National Highway, Division Ambikapur, District Surguja, C.G. 4 - Smt. Mankunwar Devi W/o Late Shri Lomaru Ram Aged About 55 Years R/o Village Jigdi, Tahsil Rajpur, Distt. Balrampur, (C.G.), Legal Heir Of Late Shri Lomaru Ram 'labour' At Executive Engineer, Public Works Department, National Highway, Division Ambikapur, District Surguja, C.G. 5 - Smt. Kamla Bai Gond W/o Late Shri Ujiyar Aged About 58 Years R/o Village Mirjapur, Tahsil Pathalgaon, Distt. Jashpur, (C.G.), Legal Heir Of Late Shri Ujiyar 'labour' At Executive Engineer, Public Works Department, National Highway, Division Ambikapur, District Surguja, C.G. 8 / 10 6 - Smt. Foolbati Nagdev W/o Late Shri Sukh Sai Nagesiya Aged About 67 Years R/o Village Tildega, Tahsil Pathalgaon, Distt. Jashpur, (C.G.) Legal Heir Of Late Shri Sukh Sai Nagesiya 'labour' At Executive Engineer, Public Works Department, National Highway, Division Ambikapur, District Surguja, C.G. 7 - Smt. Hirmati Bai W/o Late Shri Nehru Ram Aged About 64 Years R/o Village Kudkela, Tahsil Kunkuri, District Jashpur, (C.G.), Legal Heir Of Late Shri Nehru Ram 'labour' At Executive Engineer, Public Works Department, National Highway, Division Ambikapur, District Surguja, C.G. 8 - Smt. Birinda Bai W/o Late Shri Hari Ram Aged About 62 Years R/o Village Tildega, Tahsil Pathalgaon, District Jashpur (C.G.), Legal Heir Of Late Shri Hari Ram 'labour' At Executive Engineer, Public Works Department, National Highway, Division Ambikapur, District Surguja, C.G. 9 - Smt. Shrimati Singh W/o Late Shri Ramcharan Singh Aged About 60 Years R/o Village Girwarganj, Tahsil Surajpur, District Surguja, (C.G.), Legal Heir Of Late Shri Ramcharan Singh 'labour' At Executive Engineer, Public Works Department, National Highway, Division Ambikapur, District Surguja, C.G. 10 - Smt. Laxmi W/o Late Shri Jayram Aged About 65 Years R/o Village Dakuwa, Tahsil Rajpur, District Balrampur, (C.G.), Legal Heir Of Late Shri Jayram 'labour' At Executive Engineer, Public Works Department, National Highway, Division Ambikapur, District Surguja, C.G. 11 - Smt. Savitri W/o Late Shri Bhawan Aged About 45 Years R/o Village Ujiyarpur, , Tahsil Manendragarh, District M.C.B., (C.G.), Legal Heir Of Late Shri Bhawan 'labour' At Executive Engineer, Public Works Department, National Highway, Division Ambikapur, District Surguja, C.G. 12 - Smt. Budhkunvar W/o Late Shri Sitaram Aged About 71 Years R/o Village Kharkata, Tahsil Pathalgaon, District Jashpur (C.G.), Legal Heir Of Late Shri Sitaram 'labour' At Executive Engineer, Public Works Department, National Highway, Division Ambikapur, District Surguja, C.G. ---Petitioner(s) 9 / 10 Versus 1 - State Of Chhattisgarh Through- The Secretary, Department Of Public Works, Mantralaya, Mahanadi Bhawan, New Raipur, District- Raipur (C.G.) 2 - Engineer In Chief Department Of Public Works, Nirman Bhawan, North Block, Naya Raipur (C.G.) 3 - Chief Engineer Public Works Department, National Highway Zone Raipur, District Raipur, (C.G.) 4 - Executive Engineer Public Works Department, National Highway, Division Ambikapur, District Surguja, (C.G.) 5 - Joint Director, Treasury Account And Pension, Ambikapur, District Surguja, (C.G.) ... Respondents (Cause title is taken from Case Information System) : Mr. Jeet Ram Patel, Advocate For Petitioners For Respondents/ State : Ms. Shailja Shukla and Mr. Suyashdhar Badgaiya, Dy. Govt. Advocates, Mr. Rishabh Bisen, Mr. Kanwaljeet Singh Saini and Ms. Akanksha Verma, Panel Lawyers (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 21/03/2025 1. Since the identical issues involved in the above mentioned writ petitions, they are being heard and decided by this common order. 2. By the present writ petitions, the petitioners are seeking for issuance of an appropriate direction to the Respondent authorities for considering the claims of the Petitioners for grant of leave encashment in terms of the provisions of the Chhattisgarh Work- Charged/Contingency Paid Employees Leave Rules, 1977. 10 / 10 3. According to the Petitioners, they have made their respective claims in the light of the recent decision passed by this Court rendered in W.P.(S) No.3870/2021 (Faguvaram Patel & Others Vs. State of Chhattisgarh & Others) decided on 30.9.2022, wherein similar claim of the Petitioner therein has been allowed. The said decision also stands affirmed by the Division Bench in W.A. No.119/2023, decided on 20.6.2023.
Decision
4. Given the said facts, the present Writ Petitions are disposed of at this juncture, directing the Respondent Authorities to immediately process the claims of all similarly placed persons herein in the light of the aforesaid decision passed by this Court on the same subject-matter, within an outer limit of 120 days from the date of receipt of a copy of this Order. 5. With the aforesaid direction, the Writ Petitions stand disposed of. $. Bhilwar Sd/- (BIBHU DATTA GURU) JUDGE