Gul Singh Ningwal vs The State Of Madhya Pradesh Tribal ...
2023 Latest Caselaw 5624 MP

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 IN    THE      HIGH COURT OF MADHYA PRADESH
                      AT INDORE
                           BEFORE
               HON'BLE SHRI JUSTICE VIVEK RUSIA
                     ON THE 6 th OF APRIL, 2023
                  WRIT PETITION No. 7956 of 2023

BETWEEN:-
GUL SINGH NINGWAL S/O SHRI NAHAR SINGH
NINGWAL, AGED ABOUT 62 YEARS, OCCUPATION:
RETD. GOVT. SERVANT VILLAGE KOTBU TESHIL
ALIRAJPUR DISTRICT ALIRAJPUR (MADHYA PRADESH)

                                                           .....PETITIONER
(SHRI SHASHANK        PATWARI,       LEARNED   COUNSEL     FOR    THE
PETITIONER.)

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

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

3.    ASSISTANT COMMISSIONER TRIBAL AFFAIRS
      D EPARTM EN T ALIRAJPUR, DIST. ALIRAJPUR
      (MADHYA PRADESH)

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

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

                                                         .....RESPONDENTS
(SHRI KUSHAL GOYAL, LEARNED       GOVT.            ADVOCATE       FOR
RESPONDENTS/STATE ON ADVANCE COPY.)

      This petition coming on for hearing on admission this day, th e court
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passed the following:
                                      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 300 days after his retirement on the post of Head Master 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 Alok Digitally signed by ALOK GARGAV Date: 2023.04.06 15:48:51 +05'30'