Nafr High Court
Case Details
PRIYANKA VERMA Digitally signed by PRIYANKA VERMA Date: 2025.05.01 11:35:41 +0530 1 2025:CGHC:19534 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2957 of 2025 1 - Nandesar S/o Rameshwar Ram Aged About 67 Years Retired Labour, From The Office Of Executive Engineer, Public Work Department (Bh/road) Division Ambikapur, R/o School Para Bakmer, District Surguja (C.G.) 2 - Jhunu Das S/o Somar Say Aged About 72 Years Retired Labour, From The Office Of Executive Engineer, Public Work Department (Bh/road) Division Ambikapur, R/o Village Rajpurikala, Tehsil Lakhanpur, District Surguja (C.G.) 3 - Sariman S/o Shobhran Aged About 72 Years Retired Labour, From The Office Of Executive Engineer, Public Work Department (Bh/road) Division Ambikapur, R/o Village Parsa, Tehsil Ambikapur, District Surguja (C.G.) 4 - Gohandul Ram S/o Shivbrat Aged About 70 Years Retired Labour, From The Office Of Executive Engineer, Public Work Department (Bh/road) Division Ambikapur, R/o Village Parsa, Tehsil Ambikapur, District Surguja (C.G.) 5 - Jugul S/o Lahra Aged About 64 Years Retired Labour, From The Office Of Executive Engineer, Public Work Department (Bh/road) Division Ambikapur, R/o Village Bheski, Tehsil Rajpur, District Balrampur-Ramanujganj (C.G.) 6 - Puran Ram Pavel S/o Kemdu Pavel Aged About 75 Years Retired Labour, From The Office Of Executive Engineer, Public Work Department (Bh/road) 2 Division Ramanujganj, R/o Village Dakuwa, Tehsil Rajpur, District Balrampur-Ramanujganj (C.G.) 7 - Matukdhari S/o Dhan Sai Aged About 66 Years Retired Labour, From The Office Of Executive Engineer, Public Work Department (Bh/road) Division Ambikapur, R/o Village Pratappur, Tehsil Latori, District Surajpur (C.G.) 8 - Baran Ram S/o Nanka Ram Aged About 67 Years Retired Labour, From The Office Of Executive Engineer, Public Work Department (Bh/road) Division Ambikapur, R/o Village Chatarpur, Kalyanpur, Tehsil Latori, District Surajpur (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Public Work Department, Mahanadi Bhawan, Atal Nagar, Raipur (C.G.) 2 - Chief Engineer Public Work Department, Surguja Circle, Ambikapur, District Surguja (C.G.) 3 - Superintendent Engineer Public Work Department, Mandal Ambikapur, District Surguja (C.G.) 4 - Executive Engineer Public Work Department, (Bhawan And Sadak) Division, Ambikapur, District Surguja (C.G.) 5 - Executive Engineer Public Work Department, (Bhawan And Sadak) Division, Ramanujganj, District Balrampur-Ramanujganj (C.G.) --- Respondent(s) 3 WPS No. 2959 of 2025 1 - Ram Kishun S/o Baban Ram Rajwade Aged About 75 Years Retired Choukidar From Office Of Executive Engineer, Water Resource Division Ramanujganj, R/o Village - Jhamarpara, Post - Bhittikala, District - Surguja (C.G.)
Legal Reasoning
2 - Smt. Kasida Husain W/o Late Manauvar Husain Aged About 65 Years R/o Village - Rasulpur, Dr. Jakir Husain Ward, Ambikapur, District - Surguja (C.G.) 3 - Tasawwar Husain S/o Ashiq Husain Aged About 63 Years Retired Jeep Driver From Office Of Executive Engineer, Water Resource Division No. 1 Ambikapur, R/o Village - Barejpara, Tehsil - Ambikapur, District - Surguja (C.G.) 4 - Smt. Kalsi Minj W/o Late Somar Sai Minj Aged About 60 Years Husband Retired From Thermal Power Project Division Ambikapur, R/o Village - Karouda Jhariya, Khairbar, Tehsil - Ambikapur, District - Surguja (C.G.) 5 - Smt. Kalpana Saxena W/o Late Narendra Pratap Saxena Aged About 46 Years R/o Gandhi Nagar, Ward No.-7, Ambikapur, Tehsil - Ambikapur, District - Surguja (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through - The Secretary, Water Resource Department, Mahanadi Bhawan, Mantralaya, Nawa Raipur, District - Riapur (C.G.) 2 - Chief Engineer Hasdev Ganga Kachhar, Water Resource Department, Ambikapur, District - Surguja (C.G.) 4 3 - Executive Engineer Water Resource Division Ramanujganj, District Balrampur-Ramanujganj (C.G.) 4 - Executive Engineer Water Resource Division Ambikapur, District - Surguja (C.G.) 5 - Executive Engineer Water Resource Division Manendragarh, District Manendragarh-Chirmiri-Bharatpur (C.G.) --- Respondent(s) WPS No. 2962 of 2025 1 - Darbari Ram S/o Rameshwar Ram Aged About 70 Years Retired Labour, From The Office Of Executive Engineer, Public Work Department (Bh/ Road) Division Ambikapur, R/o Village Bhafauli, Tehsil Ambikapur, District Surguja (C.G.) 2 - Ghurai Ram S/o Baran Ram Aged About 64 Years Retired Labour, From The Office Of Executive Engineer, Public Work Department (Bh/Road) Division Ambikapur, R/o Village Nawapara, Kalyanpur, Tehsil Latoli, District Surajpur (C.G.) 3 - Mohan S/o Late Burhan Ram Uike Aged About 72 Years Retire Labour, From The Office Of Executive Engineer, Public Work Department (Bh/Road) Division Ambikapur, R/o Nawapara, Kalyanpur, Tehsil Latori, District Surajpur (C.G.) 4 - Harak Sai S/o Uday Ram Aged About 63 Years Retired Gangman, From The Office Of Executive Engineer, Public Work Department (Bh/Road) Division Surajpur, R/o Village Palka, Tehsil Udaypur, District Surguja (C.G.) 5 - Ramdhan S/o Kunwar Sai Aged About 64 Years Retired Labour, From The Office Of Executive Engineer, Public Work Department (Bh/Road) Division Surajpur, R/o Village Palka, Tehsil Udaypur, District Surguja (C.G.) 5 6 - Laxman Singh S/o Mohar Sai Aged About 72 Years Retired Labour, From The Office Of Executive Engineer, Public Work Department (Bh/Road) Division Ambikapur, R/o Village Ajab Nagar, Tehsil Surajpur, District Surajpur (C.G.) 7 - Smt. Sunti Bai W/o Late Mukhdev Aged About 62 Years (Legal Heirs Of Employee/Husband Who Retired From Office Of Executive Engineer P.W.D. (Bh/Road) Division Ambikapur) R/o Village Pathakpur, Tehsil Latori, District Surajpur (C.G.) 8 - Satram S/o Shivram Rajwade Aged About 64 Years Retired Labour, From The Office Of Executive Engineer, Public Work Department (Bh/Road) Division Ambikapur, R/o Village Hariharpur, Tehsil Darima, District Surguja (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Public Work Department, Mahanadi Bhawan Atal Nagar Raipur (C.G.) 2 - Chief Engineer Public Work Department, Surguja Circle, Ambikapur, District Surguja (C.G.) 3 - Superintendent Engineer Public Work Department, Mandal Ambikapur, District Surguja (C.G.) 4 - Executive Engineer Public Work Department (Bhawan And Sadak) Division, Ambikapur, District Surguja (C.G.) 5 - Executive Engineer Public Work Department, (Bhawan And Sadak) Division, Surajpur, District Surajpur (C.G.) --- Respondent(s) 6 For Petitioner(s) : Mr. Swapnil Keshari, Advocate For State : Mr. Sanjeev Pandey, Deputy AG (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 30/04/2025 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. 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. 7 Priyanka Sd/- (BIBHU DATTA GURU) JUDGE