Radheshyam Vyas vs The State Of Madhya Pradesh
2023 Latest Caselaw 12607 MP

                                                            1
                          IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                      BEFORE
                                      HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                               ON THE 4 th OF AUGUST, 2023
                                            WRIT PETITION No. 19357 of 2023

                         BETWEEN:-
                         RADHESHYAM VYAS S/O BABURAO VYAS, AGED ABOUT
                         66 YEARS, OCCUPATION: RETD. GOVT. SERVANT 127
                         HARI NAGAR MHOWGAON DISTRICT INDORE
                         (MADHYA PRADESH)

                                                                                           .....PETITIONER
                         (BY MS. ARCHANA UPADHYAYA, ADVOCATE)

                         AND
                         1.    THE STATE OF MADHYA PRADESH THROUGH
                               SECRETARY PUBLIC WORKS DEPARTMENT
                               VALLABH BHAWAN DISTRICT BHOPAL .
                               (MADHYA PRADESH)

                         2.    EXECUTIVE       ENGINEER PUBLIC   WORKS
                               D EPARTM EN T DIVISION NO. 1, RAVINDRA
                               NAGAR PALASIA, INDORE (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                         (BY SHRI SHALABH SHARMA, G.A.)

                               This petition coming on for admission this day, th e court passed the
                         following:
                                                             ORDER

In the present petition, the petitioner is seeking a direction to consider the representation of the petitioner for grant of leave encashment for 240 days after his retirement on the post of Driver in accordance with the M.P. Civil Services (Leave) Rules 1977.

Counsel for the petitioner submits that the identical petition of

Signature Not Verified Chaganlal Kakrecha vs. State of MP & Ors. (W.P. No.4787/2005) has Signed by: PANKAJ PANDEY Signing time: 8/5/2023 12:05:07 PM

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 of 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 view the judgment passed by this Court in the case of

Chaganlal Kakrecha (supra) and Circular dated 08.03.2019 within a period of four months 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 of. Certified copy as per rules.

(SUBODH ABHYANKAR) JUDGE Pankaj

Signature Not Verified Signed by: PANKAJ PANDEY Signing time: 8/5/2023 12:05:07 PM