Patlya Nigwal vs The State Of Madhya Pradesh
2022 Latest Caselaw 13772 MP

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                                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                                       AT INDORE
                                                                           BEFORE
                                                          HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                                  ON THE 18th OF OCTOBER, 2022

                                                              WRIT PETITION No. 23709 of 2022

                                                    BETWEEN:-
                                                    PATLYA NIGWAL S/O AAPSINGH NIGWAL, AGED
                                                    ABOUT 63 YEARS, OCCUPATION: RETD. GOVT.
                                                    SERVANT LUKA COLONY, KHETIYA ROAD,
                                                    NIWALI,   DISTRICT   BARWANI   (MADHYA
                                                    PRADESH)

                                                                                                       .....PETITIONER
                                                    (MS. ARCHANA UPADHYAYA, LEARNED COUNSEL FOR THE
                                                    PETITIONER)

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

                                            2.      ASSISTANT    COMMISSIONER      TRIBAL
                                                    DEVELOPMENT       DEPARTMENT DISTRICT
                                                    BARWANI. (MADHYA PRADESH)

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

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

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

                                                                                                     .....RESPONDENTS
                                                    ( SMT. VINITA PHAYE, LEARNED GOVT. ADVOCATE FOR THE
                                                    RESPONDENTS/STATE ON ADVANCE NOTICE)
Signature Not VerifiedDigitally signed by

                                                  T h is petition coming on for orders this day, t h e cou rt passed the
  SAN                 SOUMYA RANJAN
                      DALAI
                      Date: 2022.10.18
                      18:16:35 IST



                                            following:
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                                                                                    ORDER

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 MP & Ors. (W.P. No.4787/2005) has already been decided by this Court on 22.01.2007 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).

After hearing learned counsel for the petitioner, I deem it proper to dispose off the petition with liberty to the petitioner to submit a fresh representation along with the judgment passed in the case of Chaganlal Kakrecha (supra) and also copy of the order passed today 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 8 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 is disposed off.

Signature Not Verified SAN VerifiedDigitally Digitally signed by SOUMYA RANJAN DALAI (VIJAY KUMAR SHUKLA) Date: 2022.10.18 18:16:35 IST JUDGE soumya