Sohan Singh Markam vs The State Of Madhya Pradesh
2023 Latest Caselaw 1319 MP

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                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE ANAND PATHAK
                                           ON THE 23 rd OF JANUARY, 2023
                                           WRIT PETITION No. 817 of 2023

                          BETWEEN:-
                          SOHAN SINGH MARKAM S/O LATE SHRI GANPAT
                          SINGH    MARKAM,     AGED   ABOUT   65   YEARS,
                          OCCUPATION:   RETIRED     U.D.T. R/O   VILLAGE
                          HARRANALA POST LOOD (BITHLI) TAHSIL BAIHAR
                          DISTT. BALAGHAT M.P. (MADHYA PRADESH)

                                                                              .....PETITIONER
                          (BY SHRI V.N.SHARMA- PETITIONER )

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH ITS
                                SECRETARY TRIBAL AFFAIRS DEPARTMENT
                                VALLABH BHAWAN BHOPAL (M.P.) (MADHYA
                                PRADESH)

                          2.    THE                COMMISSIONER, PUBLIC
                                INSTRUCTION(LOK      SHIKSHAN) DISTRICT
                                BHOPAL (MADHYA PRADESH)

                          3.    THE     COLLECTOR, B A L A G H A T DISTRICT
                                BALAGHAT (MADHYA PRADESH)

                          4.    THE   ASSISTANT   COMMISSIONER, TRIBAL
                                WELFARE DEPARTMENT,    BHOPAL DISTRICT
                                BALAGHAT (MADHYA PRADESH)

                          5.    THE DISTRICT PENSION OFFICER, BALAGHAT
                                DISTRICT BALAGHAT (MADHYA PRADESH)

                          6.    THE BLOCK EDUCATION OFFI CER , BAIHAR
                                DISTRICT BALAGHAT (MADHYA PRADESH)

                          7.    THE  PRINCIPAL, GOVT. BOYS H.S. SCHOOL
                                PATHAI(BAIHAR ) BLOCK BAIHAR, DISTRICT
                                BALAGHAT (MADHYA PRADESH)

Signature Not Verified
Signed by: RAVIKANT
KEWAT
Signing time: 1/24/2023
11:04:37 AM
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                          8.    THE JOINT DIRECTOR, ACCOUNT AND PENSION
                                DIVISIONAL OFFICE, CIVIL LINE, JABALPUR
                                (MADHYA PRADESH)

                          9.    THE DISTRICT TREASURY OFFICER, BALAGHAT
                                DISTRICT BALAGHAT (MADHYA PRADESH)

                                                                                          .....RESPONDENTS
                          (BY SHRI T.K.KHADKA- PANEL ADVOCATE)

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

The petitioner preferred instant petition under Article 226 of the Constitution of India seeking following relief:-

"7.1. To issue a direction to the Concerned respondent/authority to decide the pending representation (Annexure- P/3) and passed the speaking order in accordance with law.

7.2 To direct the concerned respondent/authority to make payment of leave encashment to the petitioner.

7.3. To direct the Concerned Respondent/authority to pay interest @ 18% on delayed payment of leave encashment to the petitioner.

74. Such any other relief deems fit and proper in the facts and circumstances of the case indicating cost of the petitioner may also be awarded.

It is the submission of learned counsel for the petitioner that he is a retired Upper Division Teacher who was appointed on 10.12.1981 and completed the age of superannuation on 31.05.2018. Respondents have not given the benefit of 300 days of earned leave to the petitioner. He submitted a Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 1/24/2023 11:04:37 AM

representation also in this regard, but to no avail.

Learned counsel for the petitioner referred order dated 13.10.2010 passed in W.P. No.2948/2008 (Virendra Kiledar Vs. State of M.P. and Ors.) which is affirmed by Division Bench of this Court at Gwalior while passing order dated 27.04.2012 in W.A. No.484/2011. He also relied upon order dated 26.08.2022 passed in W.P. No.18772/2022 (Pradeep Kumar Malviya and Ors. Vs. State of M.P. and Ors.). He seeks parity.

Learned counsel for the respondents/ State oppose the prayer but fairly submits that if any representation is pending then same shall be taken care of in accordance with law/prevailing guidelines.

Considering the rival submissions, this petition is disposed of with a direction to the respondents/authority to decide the pending representation (Annexure-P/3) within a period of three weeks from the date of receipt of the order passed today in accordance with relevant rules/guidelines and judgments passed by this Court from time to time in some similarly situated employees. Respondents shall pass a reasoned order under due intimation to the petitioner.

It is made clear that this Court has not expressed any opinion on the merits of the case and matter shall be heard and decided on its own merits.

Petition is disposed off accordingly

(ANAND PATHAK) JUDGE rk.

Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 1/24/2023 11:04:37 AM