Authorities must process similarly placed employees’ leave-encashment claims under the 1977 Rules within 120 days.

The five Petitioners, employees or former employees associated with the Public Works Department of the State of Chhattisgarh, sought directions for consideration and grant of leave encashment under the Chhattisgarh Work-Charged/Contingency Paid Employees Leave Rules, 1977.

They claimed entitlement on the basis of the High Court’s earlier decision in Faguvaram Patel & Others v. State of Chhattisgarh & Others, W.P.(S) No. 3870 of 2021, decided on 30 September 2022, in which a similar claim had been allowed.

That decision was affirmed by the Division Bench in W.A. No. 119 of 2023, decided on 20 June 2023.

The Petitioners therefore approached the High Court seeking appropriate directions to the Respondent authorities to process their claims.

Whether the Petitioners’ claims for grant of leave encashment under the Chhattisgarh Work-Charged/Contingency Paid Employees Leave Rules, 1977 ought to be considered in light of the decision in Faguvaram Patel?

Whether the Respondent authorities should be directed to process the claims of the Petitioners and similarly situated persons within a prescribed time-limit?

The Court applied the Chhattisgarh Work-Charged/Contingency Paid Employees Leave Rules, 1977, which governed the Petitioners’ claim for leave encashment.

It relied upon the precedent in Faguvaram Patel & Others v. State of Chhattisgarh & Others, W.P.(S) No. 3870 of 2021, decided on 30 September 2022, where a similar claim for leave encashment was allowed.

The Court also noted that the said decision had been affirmed by the Division Bench in W.A. No. 119 of 2023, decided on 20 June 2023; consequently, the legal position declared in that decision was applicable for consideration of claims by similarly placed persons.

The Court noted that the relief sought was limited to consideration and processing of the Petitioners’ leave-encashment claims, rather than an immediate adjudication or direct payment of the claimed amounts.

Since the Petitioners relied on an earlier decision concerning the same subject matter, and that decision had been affirmed in appeal, the Court considered it appropriate to require the competent authorities to examine the claims in accordance with the applicable Rules and the precedent in Faguvaram Patel.

The Court accordingly directed the Respondents to process the claims of all similarly placed persons within 120 days from receipt of the order.

The exercise was required to be completed within an outer limit of 120 days from the date of receipt of a copy of the order.

No direct order granting or releasing leave encashment was issued at this stage; the relief was confined to consideration and processing of the claims.