Jogu Singh Bhaydiya vs The State Of Madhya Pradesh
2023 Latest Caselaw 5483 MP

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                          IN    THE      HIGH COURT OF MADHYA PRADESH
                                               AT INDORE
                                                    BEFORE
                                        HON'BLE SHRI JUSTICE VIVEK RUSIA
                                               ON THE 3 rd OF APRIL, 2023
                                           WRIT PETITION No. 7258 of 2023

                         BETWEEN:-
                         JOGU SINGH BHAYDIYA S/O SHRI JHAPDIYA
                         BHAYDIYA, AGED ABOUT 63 YEARS, OCCUPATION:
                         RETD. GOVT. SERVANT R/O OPPOSITE KHELPARIHAR
                         RADHA ROAD ALIRAJPUR TEHSIL ALIRAJPUR
                         (MADHYA PRADESH)

                                                                                    .....PETITIONER
                         (BY SHRI SHASHANK PATWARI-ADVOCATE)

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

                         2.    COMMISSIONER TRIBAL AFFAIRS DEPARTMENT
                               SATPUDA  BHAWAN,     BHOPAL    (MADHYA
                               PRADESH)

                         3.    ASSISTANT COMMISSIONER TRIBAL AFFAIRS
                               DEPARTMENT ALIRAZPUR, DISTRICT ALIRAJPUR
                               (MADHYA PRADESH)

                         4.    BLOCK EDUCATION OFFICER TRIBAL AFFAIRS
                               BLOCK ALIRAJPUR (MADHYA PRADESH)

                         5.    DISTRICT    PENSION    OFFICER TREASURY,
                               ACCOUNTS    AND   PENSION   DEPARTMENT
                               ALIRAPUR (MADHYA PRADESH)

                                                                                  .....RESPONDENTS
                         ( BY SHRI MUKESH PARWAL- ADVOCATE)

                               T h is petition coming on for orders this day, t h e cou rt passed the
                         following:
Signature Not Verified
Signed by: PRAVEEN
Signing time: 06-04-
2023 14:42:11
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                                                               ORDER

In the present petition, the petitioner is seeking a direction to the respondents to consider the representation of the petitioner for grant of leave encashment for 225 days after his retirement on the post of Upper Division 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 Circular dated 08.03.2019 and as per the judgment of this Court in the case of Chaganlal Kakrecha (supra).

After hearing learned counsel for the petitioner, I deem it proper to dispose off this 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 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. If the petitioner is found entitled, he shall be given the benefit forthwith.

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.

(VIVEK RUSIA) JUDGE Signature Not Verified Signed by: PRAVEEN Signing time: 06-04-

2023 14:42:11

Praveen

Signature Not Verified Signed by: PRAVEEN Signing time: 06-04-

2023 14:42:11