Dhyansingh Solanki vs The State Of Madhya Pradesh
2023 Latest Caselaw 12946 MP

                                                              1
                            IN    THE        HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                 ON THE 9 th OF AUGUST, 2023
                                              WRIT PETITION No. 19833 of 2023

                           BETWEEN:-
                           DHYANSINGH SOLANKI S/O BHAVSINGH SOLANKI,
                           AGED ABOUT 63 YEARS, OCCUPATION: RETD. GOVT.
                           SERVANT GOVT. BOYS PRIMARY SCHOOL OJHAR
                           VIKAS KHAND RAJPUR DISTRICT BARWANI (MADHYA
                           PRADESH)

                                                                                             .....PETITIONER
                           (BY SHRI SUBHASH UPADHYAY, LEARNED COUNSEL)

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

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

                           3.    BLOCK EDUCATION OFFICER RAJPUT DISTRICT
                                 BARWANI (MADHYA PRADESH)

                           4.    DISTRICT PENSION OFFICER BARWANI (MADHYA
                                 PRADESH)

                                                                                          .....RESPONDENTS
                           (MS. GEETANJALI CHAURASIA, LEARNED GOVT. ADVOCATE FOR
                           RESPONDENTS/STATE)

                                 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

Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 10-08-2023 10:35:52

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.

2. 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).

3. 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.

4. It is made clear that this Court has not expressed any opinion on merits of the case.

5. With the aforesaid, the writ petition is disposed off.

(VIJAY KUMAR SHUKLA) JUDGE soumya

Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 10-08-2023 10:35:52