Public Works Department vs Ram Chandra Choudhry
2022 Latest Caselaw 16207 MP

                                                            1
                                  IN THE HIGH COURT OF MADHYA PRADESH
                                               AT INDORE
                                                     BEFORE
                                      HON'BLE SHRI JUSTICE RAVI MALIMATH,
                                                  CHIEF JUSTICE
                                                        &
                                    HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                             ON THE 7 th OF DECEMBER, 2022
                                                WRIT APPEAL No. 664 of 2018

                           BETWEEN:-
                           1.    STATE OF MADHYA PRADESH THROUGH ITS
                                 PRINCIPAL SECRETARY SECRETARY
                                 PUBLIC   WORKS   DEPARTMENT    VALLABH
                                 BHAWAN BHOPAL (MADHYA PRADESH)

                           2.    ENGINEER   IN   CHIEF,   PUBLIC   WORKS
                                 DEPARTMENT,   DISTT.   BHOPAL   (MADHYA
                                 PRADESH)

                           3.    EXECUTIVE   ENGINEER,          PUBLIC     WORKS
                                 D EPARTM EN T, DIVISION        NO.  2    INDORE
                                 (MADHYA PRADESH)

                                                                                       .....APPELLANTS
                           (BY SHRI S.R SAXENA- DEPUTY ADVOCATE GENERAL)

                           AND
                           RAM CHANDRA CHOUDHRY S/O LATE SHRI ATMARAM
                           CHOUDHARY, AGED ABOUT 70 YEARS, OCCUPATION:
                           GOVT. SERVICE PUBLIC WORKS DEPARTMENT R/O 12,
                           PARK ROAD VALLABH BHAWAN BEHIND POST OFFICE
                           INDORE (MADHYA PRADESH)

                                                                                      .....RESPONDENT
                           (BY SHRI KAIVALYA RATNAPARKHE - ADVOCATE - ABSENT)

                                 This appeal coming on for admission this day, Hon'ble Shri Justice
                           Ravi Malimath, Chief Justice passed the following:
                                                             ORDER

Heard on I.A. No.2180 of 2018- an application for condonation of delay. Signature Not Verified Signed by: SOURABH YADAV Signing time: 12/12/2022 10:47:03 AM

There is a delay of 87 days in filling the present appeal. For the reasons assigned in the application, the same is allowed and delay in filing the appeal is condoned.

The respondent's counsel is absent in spite of granting time to file reply by order dated 28.02.2020.

Aggrieved by the order dated 17.11.2017 passed by the learned Single Judge in Writ Petition No.3916 of 2017 directing the respondents to grant benefit of encashment of 120 days earned leave to the writ petitioner, the State is in appeal.

The writ petitioner was serving under the Work Charged and

Contingency Paid Establishment, therefore, the contention of the appellants is that he is not entitled for encashment of earned leave.

A Division Bench of the Principal Seat of this Court in the judgment passed in R.P. No.506 of 2012 (State of M.P. and Ors Vs. Smt.Shyama Bai) dated 21.07.2014 has held that the respondents are entitled for earned leave but are not entitled for any encashment of leave. Apparently, the said judgment was not brought to the notice to the learned Single Judge.

Under these circumstances, the case of the appellant is covered by the aforesaid judgment.

Consequently, the writ appeal is allowed. The order dated 17.11.2017 passed by the learned Single Judge in W.P. No.3916 of 2017 is set aside. The writ petition is dismissed.

                                (RAVI MALIMATH)                                   (VIJAY KUMAR SHUKLA)
                                  CHIEF JUSTICE                                            JUDGE
                           Sourabh

Signature Not Verified
Signed by: SOURABH
YADAV
Signing time: 12/12/2022
10:47:03 AM





Signature Not Verified
Signed by: SOURABH
YADAV
Signing time: 12/12/2022
10:47:03 AM