JUDGMENT :

1. Claim of the petitioner in the present Writ Petition is for payment of gratuity and also for benefit of leave encashment considering the past service rendered by the petitioner as daily wage employee.

2. The claim of the petitioner is based upon a decision of the Hon’ble Supreme Court in the case of Netram Sahu Vs. State of Chhattisgarh reported in 2018 5 SCC 430. This Court is of the view that since the said case of Netram Sahu (supra) itself had traveled through the office of the Controlling Authority under the payment gratuity Act. The petitioner would have to approach the Controlling Authority under the Payment and Gratuity Act for the enhanced gratuity by calculating his earlier period of service also.

3. As regard the leave encashment considering the fact that the petitioner’s service was regularized with the respondents and he has been granted the leave encashment from the date of regularization i.e. 02.04.1990, this Court is of the view that the petitioner would not be entitled for the leave encashment for the period earlier rendered by him as a daily wage employee. No rules under the State Government provides for grant of leave encashment for the period rendered as daily wages employee.

4. The Judgment of Faguvaram Patel Vs. State of Chhattisgarh and Ors., passed in WPS No. 3870/2021 and other connected matters decided by this High Court on 30.09.2022, would not be applicable in the case of the petitioner for the reason that the petitioners therein were all workers who were initially engaged as the Work-Charged and Contingency Paid Employee and upon whom the leave rule of the Work-Charged and Contingency Paid Employee were applicable. In the instant case, there is no such rule or provision which provides for similar benefits for a daily wage employee.

5. In view of the same this Court does not find any strong ground for entertaining the present Writ Petition, thus the present Writ Petition is disposed of. The right of the petitioner so far as gratuity is concerned stands reserved to be agitated before the Controlling Authority under the Payment of Gratuity Act.

6. Accordingly, the present Writ Petition stands disposed of.