Nafr High Court
Case Details
Digitally signed by V PADMAVATHI Date: 2025.08.06 11:23:56 +0530 2025:CGHC:38298 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8326 of 2025 1 - Bishat Verma S/o Ledga Verma, Aged About 63 Years A Retired Work Charged Employee, R/o Village Kanki, Post Kanki, Tehsil Kharora, District Raipur (C.G.) 2 - Vijay Kumar Jadit S/o Mahesh Rao Jadit, Aged About 72 Years A Retired Work Charged Employee, R/o Jai Hind Chawk, Raja Talab, Tehsil Raipur, District Raipur (C.G.) 3 - Smt. Shakuntala Shukla (Legal Heir) S/o Late Ram Sadohar Shukla, Aged About 66 Years Widow Of Work Charged Employee, R/o Ajad Chawk, Arang, Post Arang, Tehsil Arang, District Raipur (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Chief Secretary, Mantralaya, Mahanadi Bhawan Atal (C.G.) Nagar, Raipur, Raipur Nawa Dist. 2 - State Of Chhattisgarh Through The Secretary, General Administration Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Dist. Raipur (C.G.) 3 - State Of Chhattisgarh Through The Secretary, Public Works Department, Mantralaya, (C.G.) Mahanadi Nawa Raipur, Bhawan, Nagar, Raipur Dist. Atal 4 - State Of Chhattisgarh Through The Secretary, Department Of Finance, Accounts And Treasury, Govt. Of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, (C.G.) Dist. Raipur 5 - The Executive Engineer, Public Works Department Division No. 02, Raipur Dist. Raipur C.G. --- Respondent(s) WPS No. 8543 of 2025 1 - Mannu Ram Yadav S/o Sitaram Yadav, Aged About 62 Years A Retired Work Charged Employee, R/o Ward No. 05, Ajad Chawk, Borsi, Post Durg, Tehsil Durg, District Durg (C.G.)
Legal Reasoning
2 - Smt. Chameli Bai (Legal Heir) S/o Late Narendra Kumar Nishad, Aged About 58 Years Widow Of Work Charged Employee, R/o Ward No. 18, Village Changori, Post Anjora, Tehsil Durg, District Durg (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Chief Secretary, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Dist. Raipur (C.G.) 2 - State Of Chhattisgarh Through The Secretary, General Administration Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Dist. Raipur (C.G.) 3 - State Of Chhattisgarh Through The Secretary, Public Works Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Dist. Raipur (C.G.) Wps 8326 of 2025 and connected cases 2 4 - State Of Chhattisgarh Through The Secretary, Department Of Finance, Accounts And Treasury, Govt. Of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Dist. Raipur (C.G.) 5 - The Executive Engineer, Public Works Department Division No. 01, Durg, Dist. Durg, C.G. --- Respondent(s) WPS No. 8488 of 2025 1 - Bishat Ram Dewangan S/o Budhram Dewangan Aged About 68 Years A Retired Work Charged Employee, R/o Ward No.-15, P.W.D. Compound Sikola Basti, Durg, Post - Durg, Tehsil - Durg, District - Durg (C.G.) 2 - Smt. Nirmala Paikra (Legal Heir) W/o Late Shatruhan Prasad Paikra Aged About 59 Years Widow Of Work Charged Employee, R/o Q.No. 4-2, Behind Surya Apartment, P.W.D. Colony, Civil Lines, Raipur, Post - Raipur, Tehsil - Raipur, District - Raipur (C.G.) 3 - Smt. Lalita Bai Sahu (Legal Heir) W/o Late Parakh Ram Sahu Aged About 51 Years Widow Of Work Charged Employee, R/o Village - Dhanora, Post - Tarri, Tehsil - Gurur, District - Balod (C.G.) 4 - Jawantin Bai W/o Mohan Aged About 62 Years A Retired Work Charged Employee, R/o Ward No.-06, Baigapara Near Sheetla Mandir, Durg, Post - Durg, Tehsil - Durg, District - Durg (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Chief Secretary, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District - Raipur (C.G.) 2 - State Of Chhattisgarh Through The Secretary, General Administration Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District - Raipur (C.G.) 3 - State Of Chhattisgarh Through The Secretary, Public Works Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District - Raipur (C.G.) 4 - State Of Chhattisgarh Through The Secretary, Department Of Finance, Accounts And Treasury, Govt. Of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District - Raipur (C.G.) 5 - The Executive Engineer Public Works Department, Division No. 01, Durg, District - Durg (C.G.) 6 - The Executive Engineer Public Works Department, Division No. 01, Raipur, District - Raipur (C.G.) 7 - The Executive Engineer Public Works Department, Division Balod, District - Balod (C.G.) --- Respondent(s) WPS No. 8477 of 2025 1 - Salik Ram Sahu S/o Jaheshar Sahu Aged About 69 Years A Retired Work Charged Employee, R/o Ward No. 18, Gaura Chawk, Near Pikridar, Balod, Post Balod, Tehsil- Balod, District Balod C.G. 2 - Rahipal Sahu S/o Bisnath Sahu Aged About 73 Years A Retired Work Charged Employee, R/o Ward No. 04, Diprapara Mokha, Tehsil- Gunderdehi, District Balod C.G. 3 - Bhukhanlal Manikpuri S/o Chaturdas Manikpuri Aged About 74 Years A Retired Work Charged Employee, R/o Village Arjunda, Post Arjunda, Tehsil Arjunda, District Balod C.G. Wps 8326 of 2025 and connected cases 3 4 - Smt. Jugbai (Legal Heir) W/o Late Bharatlal Aged About 69 Years The Widow Of Retired Work Charged Employee, R/o Village Chainganj Post- Gunderdehi, Tehsil Gunderdehi, District Balod C.G. 5 - Smt. Tomin Thakur (Legal Heir) W/o Late Gendlal Thakur Aged About 41 Years The Widow Of Retired Work Charged Employee, R/o Village Kunda, Post Kawardha, Tehsil Kawardha, District Kabirdham C.G. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Chief Secretary, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Distt. Raipur C.G. 2 - State Of Chhattisgarh Through The Secretary, General Administration Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Distt. Raipur C.G. 3 - State Of Chhattisgarh Through The Secretary, Public Works Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Distt. Raipur C.G. 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 C.G. 5 - The Executive Engineer, Public Works Department Division Balod Dist. Balod C.G. (Cause title is taken from the CIS) ... Respondents ------------------------------------------------------------------------------------------------------------------ For Petitioners : Shri Anand Kujur, Advocate For Respondents/State : Shri Santosh Bharat, and Ms Anuja Sharma, Panel Lawyers ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 04.08.2025 1. Since the issue involved in all the above petitions is same, they are being heard and decided together. 2. 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. Wps 8326 of 2025 and connected cases 4 3. 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. 4. Heard learned counsel for the parties and perused the documents on record. 5. 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. 6. Accordingly, petition stands disposed of with aforesaid observation and direction. padma Sd/- (Ravindra Kumar Agrawal) JUDGE