Authorities Must Process Similarly Placed Work-Charged Employees’ Leave-Encashment Claims in Light of Precedent

The petitioners were retired work-charged employees, or—in one petition—the legal heir of a deceased work-charged employee. They sought directions for consideration of their claims for leave encashment under the Chhattisgarh Work-Charged/Contingency Paid Employees Leave Rules, 1977.

They relied on Faguvaram Patel & Others v. State of Chhattisgarh & Others, W.P.(S) No. 3870/2021, decided on 30 September 2022, where a similar claim was allowed; that decision was affirmed in W.A. No. 119/2023 on 20 June 2023.

1. Whether the petitioners’ claims for leave encashment under the 1977 Rules should be considered in light of the decision in Faguvaram Patel.

2. Whether the respondent authorities should be directed to process those claims within a specified time.

The Court referred to the Chhattisgarh Work-Charged/Contingency Paid Employees Leave Rules, 1977, as the basis for the petitioners’ leave-encashment claims.

It also relied on Faguvaram Patel & Others v. State of Chhattisgarh & Others, W.P.(S) No. 3870/2021, decided on 30 September 2022, a decision allowing a similar claim and affirmed by the Division Bench in W.A. No. 119/2023, decided on 20 June 2023.

Given the petitioners’ reliance on a decision allowing similar claims under the same subject matter, and the affirmation of that decision on appeal, the Court directed the authorities to process the present claims in light of that precedent.

It did not decide the individual claims on their merits; instead, it required the authorities to consider and process them within the prescribed period.