Subhash Prasad Patel vs The State Of Madhya Pradesh
2022 Latest Caselaw 8936 MP

                                                   1
                              IN THE HIGH COURT OF MADHYA PRADESH
                                           AT JABALPUR
                                                 BEFORE
                                   HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                            ON THE 5th OF JULY, 2022

                                       WRIT PETITION No. 6121 of 2022

                           Between:-
                           SUBHASH PRASAD PATEL S/O LATE SHRI UDAI
                           CHAND PATEL , AGED ABOUT 68 YEARS,
                           OCCUPATION: PENSIONER RETIRED HEAD
                           MASTER FROM GOVT. MIDDLE SCHOOL
                           INDRANA, VIKAS KHAND MAJHOULI, DISTRICT
                           JABALPUR R/O GRAM SINGALDEEP POST
                           INDRANA    TAHSIL   PANAGAR    DISTRICT
                           JABALPUR M.P. (MADHYA PRADESH)

                                                                         .....PETITIONER
                           (BY SHRI SACHIN PANDEY, ADVOCATE)

                           AND

                      1.   THE STATE OF MADHYA PRADESH THROUGH
                           ITS   PRINCIPAL   SECRETARY   SCHOOL
                           EDUCATION     DEPARTMENT    MINISTRY
                           VALLABH BHAWAN BHOPAL M.P. VALLABH
                           BHAWAN, BHOPAL (MADHYA PRADESH)

                      2.   JOINT DIRECTOR TREASURY, ACCOUNTS AND
                           PENSION,    JABALPUR DIVISION JABALPUR
                           (M.P.) (MADHYA PRADESH)

                      3.   DISTRICT EDUCATION OFFICER         JABALPUR
                           DISTRICT-  JABALPUR,  M.P.          (MADHYA
                           PRADESH)

                      4.   DISTRICT TREASURY OFFICER          JABALPUR
                           DISTRICT- JABALPUR,  M.P.           (MADHYA
                           PRADESH)

                      5.   BLOCK EDUCATION OFFICER            MAJHOULI
                           DISTRICT- JABALPUR, M.P.            (MADHYA
                           PRADESH)

Signature Not
 SAN
Verified              6.   PRINCIPAL, SANKUL KENDRA JAWAHARLAL
                           NEHRU    HIGHER    SECONDARY    SCHOOL
Digitally signed by        INDRANA, (MAJHOULI) DISTRICT- JABALPUR,
MONSI M SIMON
Date: 2022.07.05           M.P. (MADHYA PRADESH)
17:14:53 IST
                                                           2

                                                                                       .....RESPONDENTS
                              (BY SHRI YASH SONI, GOVT. ADVOCATE)

                            This petition coming on for admission this day, th e court passed the
                      following:
                                                           ORDER

Petitioner has filed this petition under Article 226 of Constitution of India, making a prayer that respondent authorities be directed to quash order dated 20.11.2021 and issue writ to respondents to pay leave encashment to petitioner for period of 173 days.

Learned counsel for the petitioner submitted that case of petitioner is covered by judgment passed by the Apex Court in the case of State of

Gujarat and others vs. Ganpatji Nenaji Thakor and another, S.L.P (Civil) Diary No.20010/2020 and also the judgment passed in W.P No.23215/2021 decided on 10.11.2021. In view of same, learned counsel for the petitioner made a request for disposal of writ petition.

Learned Government Advocate for the State opposed the prayer and submitted that four weeks time be granted for filing reply.

Considering the facts of the case, writ petition is disposed of with direction to respondent no.5 to consider fresh representation of petitioner which will be filed by petitioner within period of 15 days accompanied by copy of order passed by Apex Court and of this Court referred above alongwith all supporting documents and certified copy of this order. If such a representation is filed by the petitioner, same shall be considered by respondent no.5 within a further period of 90 days.

Signature SAN Verified Not No opinion is expressed on the merits of the matter. Digitally signed by With aforesaid direction, writ petition is disposed off. MONSI M SIMON Date: 2022.07.05 17:14:53 IST

C.C as per rules.

                                                    (VISHAL DHAGAT)
                                                         JUDGE
                      mms




Signature
 SAN      Not
Verified

Digitally signed by
MONSI M SIMON
Date: 2022.07.05
17:14:53 IST