WPS/8373/2024 of SMT. GAURI BAI BHARTI (LEGAL HEIR) Vs STATE OF CHHATTISGARH on 20 December 2024

1. Smt. Gauri Bai Bharti (Legal Heir) W/o Late Shivprasad, Aged About 70Years R/o H.No. 72, Village Ausar, Post Ranitarai, Tehsil Patan, DistrictDurg (C.G.)Years R/o H.No. 72, Village Ausar, Post Ranitarai, Tehsil Patan, DistrictDurg (C.G.)

2. Smt. Rajvantin (Legal Hier) W/o Late Hirderam Aged About 72 Years R/oWard No. 12, Amlidih, Post Tarod, Tehsil Balod, District Balod (C.G.)Ward No. 12, Amlidih, Post Tarod, Tehsil Balod, District Balod (C.G.)

3. Babulal S/o Tilakram Aged About 71 Years R/o Village Dengrapar, PostKowa, Tehsil Balod, District Balod (C.G.)Kowa, Tehsil Balod, District Balod (C.G.)

4. Fakir Ram S/o Raghuwar Ram Aged About 63 Years R/o VillageDhaurabhatha, Post Dudhli, Tehsil Balod., District Balod (C.G.)Dhaurabhatha, Post Dudhli, Tehsil Balod., District Balod (C.G.)

5. Suresh Chandra(Legal Heir) S/o Late Babulal Chandra Aged About 41Years R/o H.No. H 1a, Irrigation Colony Balod, Post Balod, District BalodC.G.Years R/o H.No. H 1a, Irrigation Colony Balod, Post Balod, District BalodC.G.

6. Sohagi Bai Nishad (Legal Heir) W/o Late Chhotu Ram, Aged About 60Years R/o H.No. 102, Near Main Road Bilelal Para, Ward No.9, ShyamNagar. Post Baronda, Tehsil Gariyaband, District Gariyaband (C.G.)Years R/o H.No. 102, Near Main Road Bilelal Para, Ward No.9, ShyamNagar. Post Baronda, Tehsil Gariyaband, District Gariyaband (C.G.)

7. Smt. Kumari (Legal Heir) W/o Late Vishnuram Yadu Aged About 74 YearsR/o Amapara, Rajim. Post Rajim, Tehsil Rajim, District Gariyaband (C.G.)R/o Amapara, Rajim. Post Rajim, Tehsil Rajim, District Gariyaband (C.G.)

8. Miluram Rao S/o Santram Aged About 70 Years R/o Vilage Danganiya,Post Champaran, Tehsil Abhanpur, District Raipur (C.G.)Post Champaran, Tehsil Abhanpur, District Raipur (C.G.)

9. Smt. Durpati Bai (Legal Heir) W/o Late Asharam Aged About 70 Years R/oVillage Diwan Jhitiya, Post Dongargarh Tehsil Dongarhgarh DistrictRajnandgaon (C.G.)Village Diwan Jhitiya, Post Dongargarh Tehsil Dongarhgarh DistrictRajnandgaon (C.G.)

10. Ishwar Lal Dewangan S/o Late Ramcharan Dewangan Aged About 66Years R/o Gulabnagar. Near Devpuri Gautam Vihar, Post Devpuri, TehsilRaipur, District Raipur (C.G.)Years R/o Gulabnagar. Near Devpuri Gautam Vihar, Post Devpuri, TehsilRaipur, District Raipur (C.G.)

11. Ranjan Singh Netam S/o Punaram Netam Aged About 62 Years R/oGanpati Nagar, Near Railway Station, Post Balod, Tehsil Balod , DistrictBalod (C.G.)Ganpati Nagar, Near Railway Station, Post Balod, Tehsil Balod , DistrictBalod (C.G.)

12. Smt. Khemin Bai (Legal Heir) W/o Late Naresh Chandra Sahu Aged About33 Years R/o Village Nawagaon, Post Dhamdha, Tehsil Patan, District Durg(C.G.)33 Years R/o Village Nawagaon, Post Dhamdha, Tehsil Patan, District Durg(C.G.)

13. Smt. Rambha Bai Sahu (Legal Heir) W/o Late Ramdayal Aged About 68Years R/o Village Kukda, Post Pond, Tehsil Chhura, District Gariyaband(C.G.)Years R/o Village Kukda, Post Pond, Tehsil Chhura, District Gariyaband(C.G.)

... Petitioner(s)

versus

1. State Of Chhattisgarh Through The Chief Secretary, Mantralaya, MahanadiBhawan, Atal Nagar, Nawa Raipur, Dist. Raipur (C.G.)Bhawan, Atal Nagar, Nawa Raipur, Dist. Raipur (C.G.)

2. State Of Chhattisgarh Through The Secretary, General AdministrationDepartment, Mantralaya, Mahanadi Bhawan, Atal Nagar. Nawa Raipur,District Raipur (C.G.)Department, Mantralaya, Mahanadi Bhawan, Atal Nagar. Nawa Raipur,District Raipur (C.G.)

3. State Of Chhattisgarh Through The Secretary, Water ResourceDepartment, Mantralaya, Mahanadi Bhawan, Atal Nagar. Nawa Raipur,District Raipur (C.G.)Department, Mantralaya, Mahanadi Bhawan, Atal Nagar. Nawa Raipur,District Raipur (C.G.)

4. State Of Chhattisgarh Through The Secretary, Public

5. State Of Chhattisgarh Through The Secretary, Department Of Finance,Accounts And Treasury, Govt. Of Chhattisgarh, Mantralaya. MahanadiBhawan, Atal Nagar, Nawa Raipur, Dist. Raipur (C.G.)Accounts And Treasury, Govt. Of Chhattisgarh, Mantralaya. MahanadiBhawan, Atal Nagar, Nawa Raipur, Dist. Raipur (C.G.)

6. The Executive Engineer Water Resource Division, Gariyaband, Dist.Gariyaband (C.G.)Gariyaband (C.G.)

7. The Executive Engineer Water Resource Division, Rajnandgaon, Dist.Rajnandgaon (C.G.)Rajnandgaon (C.G.)

8. The Excutive Engineer Public Works Department Gariyaband, DivisionGariyaband, Dist. Gariyaband (C.G.)Gariyaband, Dist. Gariyaband (C.G.)

9. The Executive Engineer, Water Resource, Division, Balod, District Balod(C.G.)(C.G.)

10. The Assistant Director, Hydro Metrology Department, Division 01, Raipur,District Raipur (C.G.)District Raipur (C.G.)

... Respondent(s)

(Cause Title is taken from Case Information System)

For Petitioners : Mr. Anand Kumar Kujur, Advocate For State : Mr. Dilman Rati Minj, Government Advocate 20.12.2024

Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

1. Heard.

2. Learned counsel for the petitioners submits that the petitioners/deceased employees were working as Work charged Contingency Paid Employeewith the respondents. He submits that after their retirement, they were notpaid leave encashment in light of Rule of Madhya Pradesh WorkCharged/Contingency Paid Employees Leave Rules, 1977. He furthersubmits that the case of the petitioners/deceased employee is similar withjudgment of this Court in the matter of Faguvaram Patel & Ors. Vs. Stateof C.G., in W.P.(S) No. 3870 of 2021 decided on 30.09.2022.

3. On the other hand, learned counsel appearing for the State would oppose.4.Be that as it may, this petition is disposed of at this stage permitting thepetitioners to make a representation to respondents/competent authoritieswithin a period of 15 days from the date of receipt of copy of this order withall necessary documents to indicate the fact that the petitioners/deceasedemployees were working as Work charged Contingency Paid Employee.On such representation being made, the respondents/competent authorityshall decide the same within a further period of 120 days from the receipt ofcopy of this representation and on due satisfaction if it is found that thepetitioners/deceased employees were similarly situated employees as inthe case of Faguvaram Patel (supra) they may pass appropriate order inthis regard. It is made clear that this Court has not expressed any opinionon the merits of the case.petitioners to make a representation to respondents/competent authoritieswithin a period of 15 days from the date of receipt of copy of this order withall necessary documents to indicate the fact that the petitioners/deceasedemployees were working as Work charged Contingency Paid Employee.On such representation being made, the respondents/competent authorityshall decide the same within a further period of 120 days from the receipt ofcopy of this representation and on due satisfaction if it is found that thepetitioners/deceased employees were similarly situated employees as inthe case of Faguvaram Patel (supra) they may pass appropriate order inthis regard. It is made clear that this Court has not expressed any opinionon the merits of the case.

5. With the aforesaid observation(s), the instant petition is hereby disposedof.Sdof.Sd Sd/-Judge (Rakesh Mohan Pandey)

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