Dinesh Kumar Choudhary vs State Of Chhattisgarh on 23 June, 2025

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Chattisgarh High Court

Dinesh Kumar Choudhary vs State Of Chhattisgarh on 23 June, 2025

                                                                                                   Digitally signed by
                                                                                                   V PADMAVATHI
                                                                                                   Date: 2025.06.24
                                                                                                   17:20:08 +0530




                                                                              2025:CGHC:27108
                                                                                                   NAFR
                HIGH COURT OF CHHATTISGARH AT BILASPUR

                                         WPS No. 5723 of 2025

1 - Dinesh Kumar Choudhary S/o S. N. Choudhary Aged About 62 Years R/o Shanti
Nagar, Irrigation Colony, V.I.P Road, Raipur, District Raipur, Chhattisgarh.

2 - Jatiram Miri S/o Bhogul Miri Aged About 63 Years R/o Ward No. 21, Tilda, Post
And Tahsil- Tilda, District Raipur, Chhattisgarh.

3 - Kamta Prasad Kannauje S/o Kriparam Kannauje Aged About 63 Years R/o
Gidhari, Post- Bhasoj, Tahsil Arang, District Raipur, Chhattisgarh.

4 - Smt. Manju Sharma W/o Late Ramesh Sharma Aged About 53 Years R/o Civil
Line, Near Badjhad, Shyam Nagar, Raipur, District Raipur, Chhattisgarh.

5 - Rambati Nayak W/o Late Harishchandra Nayak Aged About 52 Years R/o Bharat
Mata Chaura, Shanti Nagar, Raipur, District Raipur, Chhattisgarh.

6 - Smt. Kumari Bai W/o Late Vishnu Ram Dewangan Aged About 47 Years R/o Ward
No. 20 Village Pond, Post And P.S.- Panduka, Tahsil Chhura, District Gariyaband,
Chhattisgarh.                                                        ... Petitioner(s)

                                                    versus

1 - State Of Chhattisgarh Through The Secretary, Water Resources Department,
Mantralaya, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh.

2 - The Engineer-In-Chief Water Resources Department, Shivnath Bhawan, Nawa
Raipur, District Raipur, Chhattisgarh.

3 - The Chief Engineer Water Resources Department, Mahanadi Godavari Kachhar,
Raipur, District Raipur, Chhattisgarh.

4 - The Chief Engineer, Water Resources Department, Mahanadi Project Raipur,
District Raipur, Chhattisgarh.

5 - The Executive Engineer (E/ M) Heavy Plant Division, Water Resources
Department, Raipur, Chhattisgarh.

6 - The Executive Engineer (E/ M) Light Machinery Nalkup And Gate Division, Raipur,
Chhattisgarh.

7 - The Divisional Joint Director Treasury, Accounts And Pension, Raipur, District
Raipur, Chhattisgarh                                              ... Respondents
                              (Cause title is taken from the CIS)
------------------------------------------------------------------------------------------------------------------
For Petitioners                                        : Shri KP Sahu, Advocate
For Respondents/State                                  : Shri Akhilesh Kumar, GA
                                                                                                       Wps 5723 of 2025

                                                                2


——————————————————————————————————————

Hon’ble Shri Justice Ravindra Kumar Agrawal
Order on Board
23.06.2025

1. Learned counsel for the petitioners would submit that petitioners are retired

employees of the Water Resource 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.

2. 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.

3. Heard learned counsel for the parties and perused the documents on record.

4. 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.

5. Accordingly, petition stands disposed of with aforesaid observation and

direction.

Sd/-

(Ravindra Kumar Agrawal)
JUDGE
padma



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