Nand Kishor v. State of Chhattisgarh

Chhattisgarh HC7 Apr 2026WPS/3071/2026

Case brief

AI extract

What is this about?

Leave encashment; Work Charged and Contingency Paid employees; retired Chowkidar; retirement dues; representation to be decided; time-bound direction (three months); Faguvaram Patel vs. State of C.G.; W.P.(S) No. 3870 of 2021; State of Chhattisgarh; Irrigation Department; Minimata (Hasdeo) Bango Pariyojna; Kelo Pariyojana; writ petition disposed of; NAFR; Chhattisgarh High Court Bilaspur.

What did the court decide?

Permission to submit a fresh representation before the appropriate authority; the authority directed to consider and decide the petitioner's leave encashment claim in accordance with law, preferably within three months of receipt of the representation, keeping in mind the decision in Faguvaram Patel (supra). ¶¶27

Nand Kishor Vs State of Chhattisgarh — Chhattisgarh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶27

Issue for consideration

Whether the petitioner, who retired from the post of Chowkidar as a Work Charged and Contingency Paid employee, is entitled to leave encashment, and whether the petition may be disposed of by permitting him to submit a representation for decision of that claim in light of Faguvaram Patel (supra).

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Court's answer

The writ petition is disposed of, permitting the petitioner to submit a fresh representation before the appropriate authority regarding his claim of leave encashment.

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Ratio / Principle

Upon submission of the representation, the petitioner's claim shall be considered and decided in accordance with law expeditiously, preferably within three months from the date of receipt of the representation, keeping in mind the decision in Faguvaram Patel (supra).

¶¶26

Detailed headnote1 paragraphs

HIGH COURT OF CHHATTISGARH AT BILASPUR — WPS No. 3071 of 2026, decided 08/04/2026 (Parth Prateem Sahu, J.) [NAFR]. The petitioner, who retired from the post of Chowkidar as a Work Charged and Contingency Paid employee, claimed that the respondents had not extended to him the benefit of leave encashment. Reliance was placed on Faguvaram Patel & Ors. vs. State of C.G., W.P.(S) No. 3870 of 2021, decided 30.09.2022, where an identical issue was allowed. Not pressing the petition on merits, counsel sought only a direction to decide a representation. The State had no objection. The Court disposed of the petition permitting the petitioner to submit a fresh representation before the appropriate authority, directing that the claim be considered and decided in accordance with law expeditiously, preferably within three months of receipt of the representation, keeping in mind the decision in Faguvaram Patel (supra).

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2026:CGHC:15977

NAFR

PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 3071 of 2026

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Nand Kishor S/o Chhidami Lal Aged About 63 Years R/o H-1 Hasdeo Bango Colony, Village Tusekela, Dusekela, Telikot, Raigarh District- Raigarh (C.G.)

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... Petitioner

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versus

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State Of Chhattisgarh Through Secretary, Irrigation Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur, District Raipur (C.G.)

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Director Directorate Of Irrigation Department, Indravati Bhawan, Raipur, District Raipur (C.G.)

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The Joint Director Treasury Accounts And Pension, Bilaspur Division Bilaspur, District Bilaspur (C.G.)

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Chief Executive Engineer Minimata (Hasdeo) Bango Pariyojna Bilaspur District Bilaspur (C.G.)

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Superintendent Engineer Kelo Pariyojana Bandh Mandal Kharsiya District Raigarh (C.G.)

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Executive Officer Kelo Pariyojana Nirman Sambhag Lakha Kharsiya District Raigarh (C.G.)

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... Respondents

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For Petitioner : Ms. Upasna Sewte, Advocate on behalf of Mr. Abhishek Singh, Advocate For Respondent-State : Mr. Hariom Rai, Panel Lawyer

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Hon'ble Shri Parth Prateem Sahu, Judge

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ORDER ON BOARD

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08/04/2026

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Learned counsel for the petitioner submits that the petitioner who stood retired from the post of Chowkidar, as Work Charged and Contingency Paid Employees, is entitled for leave encashment but till date respondents have not extended the benefit of leave encashment to petitioner. Identical issue came up for hearing before this Court in case of Faguvaram Patel & Ors.

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¶23

vs. State of C.G., in W.P.(S) No. 3870 of 2021 decided on 30.09.2022 , wherein petitioners therein have raised identical issue which was allowed in their favour. He submits that at this stage, petitioner may be permitted to submit representation in light of Faguvaram Patel (supra) and respondents be directed to decide the representation to be submitted by petitioner expeditiously within specified time.

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Learned State counsel submits that as petitioner is not pressing this petition on merits and is only seeking a direction to decide the representation to be submitted by petitioner, he is having no objection.

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I have heard learned counsel for the parties and perused the documents available on record.

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Taking into consideration, the limited prayer made by learned counsel for the petitioner, this petition is disposed of permitting petitioner to submit fresh representation before appropriate authority. In the event, petitioner submits representation, his claim shall be considered and decided in accordance with law expeditiously preferably within a period of three months from the date of receipt of representation keeping in mind decision in case of Faguvaram Patel (supra) .

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Accordingly, this petition is disposed of with aforesaid observations and directions.

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Certified copy as per rules.

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Sd/-

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(Parth Prateem Sahu)

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JUDGE

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pwn

Nand Kishor v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Nand Kishor v. State of Chhattisgarh

Case brief

What is this about?

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