Bikan Singh Chouhan vs The State Of Madhya Pradesh Tribal ...
2023 Latest Caselaw 5642 MP

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                          IN    THE    HIGH COURT OF MADHYA PRADESH
                                             AT INDORE
                                                BEFORE
                          HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                            ON THE 6 th OF APRIL, 2023
                                         WRIT PETITION No. 7958 of 2023

                         BETWEEN:-
                         BIKAN SINGH CHOUHAN S/O SHRI PAHAD SINGH
                         CHOUHAN, AGED ABOUT 63 YEARS, OCCUPATION:
                         RETD. GOVT. SERVANT VILLAGE TAMECHA TEHSIL
                         JOBAT 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
                               SATPURA BHAWAN BHOPAL (MADHYA PRADESH)

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

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

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

                                                                          .....RESPONDENTS

                           (MS PRANJALI YAJURVEDI, LEARNED COUNSEL APPEARING ON
                         BEHALF OF ADVOCATE GENERAL)

Signature Not Verified
Signed by: NARENDRA
KUMAR RAIPURIA
Signing time: 4/6/2023
6:56:39 PM
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                               This petition coming on for admission this day, th e court passed the
                         following:
                                                               ORDER

I n 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 passed 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.

Signature Not Verified Signed by: NARENDRA KUMAR RAIPURIA Signing time: 4/6/2023 6:56:39 PM

(S. A. DHARMADHIKARI) JUDGE N.R.

Signature Not Verified Signed by: NARENDRA KUMAR RAIPURIA Signing time: 4/6/2023 6:56:39 PM