Patlya Nigwal vs The State Of Madhya Pradesh
2023 Latest Caselaw 1258 MP

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                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                      BEFORE
                                          HON'BLE SHRI JUSTICE VIVEK RUSIA
                                              ON THE 20 th OF JANUARY, 2023
                                              WRIT PETITION No. 753 of 2023

                           BETWEEN:-
                           PATLYA NIGWAL S/O AAPSINGH NIGWAL, AGED ABOUT
                           63 YEARS, OCCUPATION: RETD. GOVT. SERVANT R/O
                           LUKA COLONY KHETIYA ROAD NIWALI DIST.
                           BARWANI (MADHYA PRADESH)

                                                                                      .....PETITIONER
                           (MS. ARCHANA UPADHYAYA, LEARNED COUNSEL FOR THE
                           PETITIONER)

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

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

                           3.    BLOCK EDUCATION        OFFICER VIKAS KHAND
                                 NIWALI,  DISTRICT       BARWANI    (MADHYA
                                 PRADESH)

                           4.    PRINCIPAL GOVT. BOYS HIGHER SECONDARY
                                 SCHOOL, NIWALI, DISTRICT BARWANI (MADHYA
                                 PRADESH)

                           5.    DISTRICT PENSION OFFICER DISTRICT BARWANI
                                 (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                           ( MS. VINITA PHAYE ,LEARNED GOVERNMENT ADVOCATE FOR THE
                           RESPONDENT/STATE)

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

Signature Not Verified
Signed by: REENA JOSEPH
Signing time: 20-01-2023
18:13:13
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                           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 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.

(VIVEK RUSIA) JUDGE RJ Signature Not Verified Signed by: REENA JOSEPH Signing time: 20-01-2023 18:13:13

Signature Not Verified Signed by: REENA JOSEPH Signing time: 20-01-2023 18:13:13