Narendra Kumar vs The State Of Madhya Pradesh Tribal ...
2023 Latest Caselaw 1833 MP

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE PRANAY VERMA
                                               ON THE 1 st OF FEBRUARY, 2023
                                               WRIT PETITION No. 2723 of 2023

                           BETWEEN:-
                           NARENDRA KUMAR S/O PURUSHOTTAM MANDLOI,
                           AGED ABOUT 62 YEARS, OCCUPATION: RETD. GOVT.
                           SERVANT, R/O: 48 JAWAHAR MARG, RAJPUR, DISTRICT
                           BARWANI (MADHYA PRADESH)

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

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

                           2.    ASSISTANT COMMISSIONER TRIBAL WELFARE
                                 DEPARTM ENT, DISTRICT BARWANI (MADHYA
                                 PRADESH)

                           3.    DISTRICT   PENSION     OFFICER, DISTRICT
                                 BARWANI (MADHYA PRADESH)

                           4.    PRINCIPAL GOVT. GIRS HIGHER SECONDARY
                                 SCHOOL RAJPUR, DISTRICT BARWANI (MADHYA
                                 PRADESH)

                                                                                          .....RESPONDENTS
                           (SHRI VALMIK SAKARGAYEN - GOVERNMENT ADVOCATE)

                                 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 300 days after Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 02-02-2023 12:53:19

his retirement on the post of Assistant Teacher 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 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 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.

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. Certified copy as per rules.

(PRANAY VERMA) JUDGE Anushree

Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 02-02-2023 12:53:19