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

The petitioners comprised two retired work-charged employees of the Water Resources Department and the widow of a deceased work-charged employee. They sought leave encashment under the Chhattisgarh Work-Charged/Contingency Paid Employees Leave Rules, 1977.

Their claims were founded on the 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 was allowed; that decision was affirmed by the Division Bench in W.A. No. 119 of 2023 on 20 June 2023.

The petitioners approached the High Court seeking a direction to the respondent authorities to consider and process their claims for leave encashment.

Whether the petitioners’ claims for leave encashment were required to be considered under the Chhattisgarh Work-Charged/Contingency Paid Employees Leave Rules, 1977, in light of the decision in Faguvaram Patel.

Whether the respondent authorities should be directed to process the claims of the petitioners and other similarly placed persons in accordance with the aforesaid precedent.

The Court applied the Chhattisgarh Work-Charged/Contingency Paid Employees Leave Rules, 1977, which govern leave-related benefits, including leave encashment, for eligible work-charged and contingency-paid employees.

It relied on the principle laid down in Faguvaram Patel & Others v. State of Chhattisgarh & Others, W.P.(S) No. 3870 of 2021, decided on 30 September 2022, concerning a similar claim for leave encashment. The Court also noted that the said decision had been affirmed by the Division Bench in W.A. No. 119 of 2023 on 20 June 2023, thereby supporting implementation of the same principle for similarly placed persons.

The Court noted that the petitioners’ claim was directly connected with the statutory leave rules and that an earlier decision of the Court had allowed a similar claim.

Since that decision had been affirmed in appeal, the authorities were required to examine the petitioners’ claims consistently with the settled position. Without adjudicating the individual entitlement or quantifying any amount, the Court considered it appropriate to direct the competent authorities to process the claims of the petitioners and all similarly placed persons in accordance with Faguvaram Patel.

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