Smt. Shanti Solanki vs The State Of Madhya Pradesh Tribal ...
2022 Latest Caselaw 14062 MP

                                                           1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                         BEFORE
                                         HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                                ON THE 1st OF NOVEMBER, 2022

                                            WRIT PETITION No. 24373 of 2022

                                  BETWEEN:-
                                  SMT. SHANTI SOLANKI W/O KUNWARSINGH
                                  SOLANKI,  AGED     ABOUT     62   YEARS,
                                  OCCUPATION: RETD. GOVT. SERVANT VILLAGE
                                  JHAKAR TEHSIL NIWALI DISTRICT BARWANI
                                  (MADHYA PRADESH)

                                                                                     .....PETITIONER
                                  (BY Ms. ARCHANA UPADHYAY, ADVOCATE )

                                  AND
                          1.      THE STATE OF MADHYA PRADESH TRIBAL
                                  DEVELOPMENT DEPARTMENT SECRETARY
                                  MANTRALAYA VALLABH BHAWAN BHOPAL
                                  (MADHYA PRADESH)

                          2.      ADDITIONAL       COMMISSIONER TRIBAL
                                  DEVELOPMENT         DEPARTMENT DISTT.
                                  BARWANI (MADHYA PRADESH)

                          3.      BLOCK EDUCATION OFFICER VIKAS KHAND
                                  NIWALI (MADHYA PRADESH)

                          4.      PRINCIPAL GOVT. BOYS HIGHER SECONDARY
                                  SCHOOL CHATLI, DISTT. BARWANI (MADHYA
                                  PRADESH)

                          5.      DISTRICT PENSION OFFICER DISTT. BARWANI
                                  (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                                  (BY SHRI A.S. PARIHAR, PANEL LAWYER)

                                T h is petition coming on for   order this day, t h e court passed the
                          following:
                                                            ORDER

They are heard and perused the record. Signature Not Verified Signed by: MONI RAJU Signing time: 11/2/2022 10:25:47 AM

In the present petition, the petitioner is seeking a direction to consider the representation of the petitioner for grant of leave encashment for 300 days after his retirement on the post of Assistant Teacher in accordance with the M.P. Civil Services (Leave ) Rules, 1977.

Counsel for the petitioner submits that the identical petition of Chaganlal Kakrecha vs. State of M.P. & Others (W.P. No.4787/2005) has already been decided by this Court on 22.1.2007 and the representation of the petitioner may be directed to be considered as per the Circular dated 08.03.2019 and as per the judgment of Chaganlal Kakrecha (supra).

On due consideration of the above submissions and on perusal of the

record, this Court find it expedient to dispose of this petition with a direction to the petitioner to submit a fresh representation along with the judgment passed in the case of Chagarlal Kakrecha (supra) and also a copy of this order within a period of 15 days from today and if such representation is submitted, the same shall be considered and decided by the competent Authority in accordance with the law keeping in mind the judgment passed by this Court in the case of Chaganlal Kakrecha (supra) and circular dated 08.03.2019 within a period of 08 weeks from the date of submission of the representation.

It is made clear that this Court has not expressed any opinion on merits of the case.

With the aforesaid, the writ petition stands disposed of. Certified copy, as per rules.

(SUBODH ABHYANKAR) JUDGE moni

Signature Not Verified Signed by: MONI RAJU Signing time: 11/2/2022 10:25:47 AM

Signature Not Verified Signed by: MONI RAJU Signing time: 11/2/2022 10:25:47 AM