Lal Singh Bariya vs The State Of Madhya Pradesh
2023 Latest Caselaw 13932 MP

                                                             1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                       BEFORE
                                           HON'BLE SHRI JUSTICE VIVEK RUSIA
                                                ON THE 24 th OF AUGUST, 2023
                                             WRIT PETITION No. 21399 of 2023

                           BETWEEN:-
                           LAL SINGH BARIYA S/O SHRI KHIMJI BARIYA, AGED
                           ABOUT 63 YEARS, OCCUPATION: RETD.GOVT. SERVANT
                           R/O BAMNIYA ROAD PETLAWAD DISTT. JHABUA
                           (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (BY SHRI SHASHANK PATWARI, ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH PRINCIPAL
                                 SECRETARY VALLABH    BHAWAN   BHOPAL
                                 (MADHYA PRADESH)

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

                           3.    ASSISTANT COMMISSIONER TRIBAL AFFAIRS
                                 DEPARTMENT JHABUA (MADHYA PRADESH)

                           4.    BLOCK EDUCATION OFFICER TRIBAL AFFAIRS
                                 BLOCK PETLAWAD DISTRICT JHABUA (MADHYA
                                 PRADESH)

                           5.    DISTRICT   PENSION     OFFICER TREASURY
                                 ACCOUNTS AND PENSION DEPARTMENT JHABUA
                                 (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                           (BY SHRI PRADYUMNA KIBE, PANEL LAWYER)

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

(1) I n the present petition, the petitioner is seeking a direction to the Signature Not Verified Signed by: VARSHA SINGH Signing time: 25-08-2023 12:36:06

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.

(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 Circular dated 08.03.2019 and as per the judgment of this Court in the case of Chaganlal Kakrecha (supra).

(3) 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.

(4) 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 VS Signature Not Verified Signed by: VARSHA SINGH Signing time: 25-08-2023 12:36:06

Signature Not Verified Signed by: VARSHA SINGH Signing time: 25-08-2023 12:36:06