Man Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 13194 MP

                                                             1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE ANAND PATHAK
                                                ON THE 14 th OF AUGUST, 2023
                                              WRIT PETITION No. 20300 of 2023

                           BETWEEN:-
                           MAN SINGH S/O SHRI HARGYAN SINGH, AGED ABOUT
                           62   YEARS, OCCUPATION: RETIRED AMBEDKAR
                           COLONY DABRA DISTRICT GWALIOR (MADHYA
                           PRADESH)

                                                                                           .....PETITIONER
                           (BY SHRI K.K.SHRIVASTAVA - ADVOCATE)

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

                           2.    ENGINEER    IN   CHIEF PUBLIC   WORKS
                                 D EPARTM EN T PLOT NO 27-28 IST FLOOR
                                 NIRMAN BHAWAN ARERA HILLS BHOPAL
                                 (MADHYA PRADESH)

                           3.    CHIEF ENGINEER PUBLIC WORKS DEPARTMENT
                                 (NORTH ZONE) THATIPUR MORAR, GWALIOR
                                 (MADHYA PRADESH)

                           4.    EXECUTIVE   ENGINEER    PUBLIC   WORKS
                                 DEPARTMENT DIVISION NO.1 PADAV GWALIOR
                                 (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (BY SHRI SIRAZ QURESHI - GOVERNMENT ADVOCATE)

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

This petition under Article 226 of the Constitution of India has been filed Signature Not Verified Signed by: ASHISH CHAURASIA Signing time: 14-08-2023 07:41:49 PM

by the petitioner being aggrieved by the inaction/order of the respondents, whereby the claim of petitioner for encashment of the earned leave has been rejected on the ground that they are retired work charged employee and not entitled to leave encahsment.

2 . Learned counsel for petitioner has placed reliance on the decision rendered in W.A. No.470/2012 (The State of Madhya Pradesh Vs. Ram Khilawan Singh), preferred by the State of M.P. against the order dated 29.06.2011 passed in W.P. No.9930/2011.

3 . Counsel for the petitioner has also relied on Rule 4 of M.P. Work Charged and Contingency Paid Employees Leave Rules, 1977 (in short '1977

Rules'). The Division Bench in the case of Ram Khilawan Singh (supra) has considered the identical issue raised therein, wherein the single Judge has allowed the petition preferred by a contingency paid employee and held him entitled for leave encahsment of 240 days. This order was modified by the Division Bench in view of the admission of the State Government and Rule 4 of 1977 Rules which provides that an employee working under the work charged establishment is entitled for the benefit of encahsment of 120 days earned leave.

4. Per contra, the petition is vehemently opposed by the counsel for the State.

5. Heard learned counsel for the parties.

6. In view of the fact that the issue in the present case is identical to the case of Ram Khilawan Singh (supra) and the said judgment is squarely applicable to the present case also, this petition is allowed. The respondents are directed to extend the benefit of encashment of 120 days of earned leave to the petitioner as admissible under 1977 Rules within a period of 90 days from the date of production of certified copy of the order passed today. Signature Not Verified Signed by: ASHISH CHAURASIA Signing time: 14-08-2023 07:41:49 PM

7. With the aforesaid, this petition is disposed of.

8. Certified copy as per rules.

(ANAND PATHAK) JUDGE Ashish*

Signature Not Verified Signed by: ASHISH CHAURASIA Signing time: 14-08-2023 07:41:49 PM