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Digitall y signed
by REKHA SINGH
2024:CGHC:50330
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 8419 of 2024
1 - Bhan Singh Thakur S/o Lt. Dheeraj Singh Thakur Aged About 63
Years Retried Water Man Posted At OfÏce Of Executive Engineer Jal
Sanshadhan Division Kabirdham Water Resources Department,
District : Kawardha (Kabirdham), Chhattisgarh
2 - Liyakat Ali S/o Lt. Saiyyad Ali Aged About 63 Years Retired
H.E.M.M. Operator Posted At OfÏce Of S.D.O. (E And M) Bhari
Sanyantra Jal Sanshadhan Sub Division Durg Water Resources
Department, District : Durg, Chhattisgarh
--- Petitioner(s)
versus
1 - State Of Chhattisgarh Through-Secretary Water Resources
Department Mahanandi Bhawan, Mantralaya, District : Raipur,
Chhattisgarh
2 - Engineer In Chief Water Resources Department, Sihawa Bhawan,
New Raipur
3 - Chief Engineer Mahanadi Godavari Kachhar Water Resource
Department
4 - Executive Engineer Jal Sanshadhan Division Kabirdham Water
Resources, Department
5 - Executive Engineer (E And M) Bhari Sanyantra Sambhag Raipur,
Water Resources Department
6 - Joint Director Pension And Account Treasury Department Durg
Division
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7 - Joint Director Pension And Account Treasury Department Raipur
Division
--- Respondent(s)
WPS No. 8444 of 2024
1 - Rajkumar Rathore S/o Ramadhar, Aged About 68 Years Retired
Line Man ( Telephone ) Posted At OfÏce Of S.D.O. Minimata Bango
Bandh (E And M ) Sub Division No. 01, Machadoli District- Korba
Water Resources Department District- Korba Chhattisgarh.
2 - Baldauram Panika S/o Late Gangaram Aged About 63 Years
Retired Labout Posted At OfÏce Of S.D.O. Jal Sanshadhan Sub Division
Lormi Water Resources Department District - Mungeli (C.G.)
3 - Kheduram Dhangar S/o Late Tanagu Aged About 76 Years Retired
Sthal Sahayak Posted At OfÏce Of S.D.O. Jal Sanshadhan Sub Division
Sakti Water Resources Department District - Sakti (C.G.)
4 - Smt. Bhagvati Kaushik W/o Late Mitthu Lal Kaushik Aged About
63 Years R/o Village Nipaniya Post Hirri Tahsil Bilha District - Bilaspur
(C.G.) Husband Of Petitioner Was Retired Sthal Posted At OfÏce Of
S.D.O. Jal Sanshadhan Sub Division Bilaspur Water Resources
Department District - Bilaspur (C.G.)
5 - Smt. Kaleventina W/o Late Premadeep Banshi Lal Aged About 55
Years R/o Village Baitalpur (Chandrakhuri) Ward No. 06 District -
Mungeli (C.G.) Husband Of Petitioner Was Retired Nalkoop Chalak
Posted At OfÏce Of S.D.O. (E And M) Light Machinery Nalkoop And
Gate Sub Division Sakri Water Resources Department District -
Bilaspur (C.G.)
6 - Smt. Santoshi Bai W/o Late Kheek Das Mahant Aged About 45
Years R/o Ward No. 41 Podi Uproda Tahsil Podi Uproda District - Korba
(C.G.) Husband Of Petitioner Was Retired Helper Posted At OfÏce Of
Minimata Bango Bandh Sub Division No. 15 Machadoli Water
Resources Department District - Korba (C.G.0
7 - Smt. Kamla Bai W/o Late Ram Singh Gond Aged About 56 Years
R/o House No. 433 Rampur Ward No./25 Tahsil Korba District - Korba
(C.G.) Husband Of Petitioner Was Retired Truck Driver Posted At
OfÏce Of (E And M) Jal Sanshadhan Hasdeo Barrage Sub Division
Darri Water Resources Department District - Korba (C.G.)
8 - Smt. Bhagwati Kaushik W/o Late Lakhan Lal Kaushik Aged About
58 Years R/o Village Bharni P.S. Sakri District - Bilaspur (C.G.)
Husband Of Petitioner Was Retired Sthal Sahayak Posted At OfÏce Of
S.D.O. Minimata Bango Nahar Sub Division No. 17 Bilaspur Water
Resources Department District Bilaspur (C.G.)
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9 - Smt. Kunti Bai W/o Late Chhahura Ram Yadav Aged About 54
Years R/o Village Bhari P.S. Sakri District - Bilaspur (C.G.) Husband Of
Petitioner Was Retired Chowkidar Posted At OfÏce Of Executive
Engineer Kharang Jal Sanshadhan Division Water Resources
Department District - Bilaspur (C.G.)
10 - Smt. Sumitra Bai W/o Late Dheera Singh Gond Aged About 52
Years R/o Village Lepra (Gursiya) Tahsil Podi - Uproda District - Korba
(C.G.) Husband Of Petitioner Was Conductor Posted At OfÏce Of
S.D.O. Minimata Bango Bandh (E And M) Sub Division No. 01
Machadoli District- Korba Water Resources Department District Korba
(C.G.)
11 - Shankar Das S/o Late Mahettar Das Aged About 35 Years R/o
Government Residential House No. 16 Block Machadoli Tahsil Podi -
Uproda District - Korba (C.G.) Mother Of Petitioner Namely Smt.
Sushila Bai Was Retired Camp Attendant Posted At OfÏce Sub Division
No. 15 Machadoli Water Resources Department District - Korba (C.G.)
---Petitioner(s)
Versus
1 - State Of Chhattisgarh Thorugh- Secretary, Department Of Water
Resources Mahanadi Bhawan, Mantralaya, New Raipur District-
Raipur Chhattisgarh.
2 - Engineer In Chief Water Resources, Department, Sihawa Bhawan
New Raipur, District- Raipur Chhattisgarh.
3 - Chief Engineer Department Of Water Resources Hasdeo Kachhar
Bilaspur District- Bilaspur Chhattisgarh.
4 - Chief Engineer Minimata Hasdev Bango Pariyojna Water
Resources Department Bilaspur District- Bilaspur Chhattisgarh.
5 - Executive Engineer Minimata Bango Bandh Division No. 03
Machadoli, Water Resouces Department, District- Korba Chhattisgarh.
6 - Executive Engineer Maniyari Jal Sanshadhan Division Mungeli
Water Resources Department District- Mungeli Chhattisgarh.
7 - Executive Engineer Jal Sanshadhan Division Janjgir H/q Champa
Water Resources Department District- Janjgir- Champa Chhattisgarh.
8 - Executive Engineer Kharang Jal Sanshadhan Division, Water
Resources Department District- Bilaspur Chhattisgarh.
9 - Executive Engineer ( E And M ) Light Machinery Nalkoop And Gate
Division Sakri Bilaspur Water Resources Department District- Bilaspur
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Chhattisgarh.
10 - Executive Engineer Hasdev Barrage Jal Prabandh Sambhag
Rampur Water Resources Department District - Korba (C.G.)
11 - Executive Engineer Hasdev Nahar Jal Prabandh Sambhag Janjgir
Water Resources Department District - Janjgir - Champa (C.G.)
12 - Joint Director Pension And Account Treasury Department
Bilaspur Division District Bilaspur (C.G.)
---- Respondents
For Petitioners : Mr. F.S. Khare, Advocate
For State : Ms. Nupur Trivedi, Panel Lawyer
Hon'ble Shri Justice Rakesh Mohan Pandey
Order on Board
20.12.2024
1. Learned counsel for the petitioners submits that petitioners are
retired employee of the respondent department, who were working
as worked charged contingency paid employee. She 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 are entitled for leave encashment.
2. 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 have completed the minimum the service
to avail the benefit of leave encashment.
3. I have heard learned counsel for parties and perused the
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documents available in record.
4. Be that as it may, without commenting anything on the merits, this
petition is disposed of 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 claim. In the event of filing of
representation, on due verification, if the petitioners are found to
be similarly situated person, as in the case of Faguvaram Patel
(surpa), their 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.
5. Accordingly, both petitions stand disposed of with aforesaid
observations and directions.
Sd/-
(Rakesh Mohan Pandey)
Judge
Rekha