Shyam Sunder Soni vs The State Of Madhya Pradesh
2023 Latest Caselaw 1320 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. 1230 of 2023

                          BETWEEN:-
                          SHYAM SUNDER SONI S/O LATE SHRI P.C. SONI, AGED
                          ABOUT 67 YEARS, OCCUPATION: RETD. HAND PUMP
                          MECHANIC H.NO.1027 ANAND KUNJ BEHIND STATE
                          BANK   COLONY GARHA JABALPUR           DISTRICT
                          JABALPUR (MADHYA PRADESH)

                                                                              .....PETITIONER
                          (BY SHRI RAJESH KUMAR SONI- ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH ITS
                                PRINCIPAL    SECRETRY   PUBLIC   HEALTH
                                ENGINEERING DEPARTMENT VALLABH BHAWAN
                                BHOPAL DISTRICT BHOPAL (MADHYA PRADESH)

                          2.    ENGINEER IN CHIEF PUBLIC HEALTH AND
                                ENGINEERING DEPARTMENT SATPURA BHAWAN
                                BHOPAL DISTRICT BHOPAL (MADHYA PRADESH)

                          3.    CHIEF   ENGINEER    PUBLIC   HEALTH AND
                                ENGINEERING     DEPARTMENT     JABALPUR
                                NEARBY WATER TANK DAMOH NAKA JABALPUR
                                DISTRICT JABALPUR (MADHYA PRADESH)

                          4.    EXECUTIVE ENGINEER PUBLIC HEALTH AND
                                ENGINEERING     DEPARTMENT     JABALPUR
                                NEARBY WATER TANK DAMOH NAKA JABALPUR
                                DISTRICT JABALPUR (MADHYA PRADESH)

                          5.    ASSISTANT ENGINEER PUBLIC HEALTH AND
                                ENGINEERING    DEPARTMENT SUB DIVISION
                                SIHORA TEHSIL SIHORA DISTRICT JABALPUR
                                (MADHYA PRADESH)

                                                                            .....RESPONDENTS
                          (BY SHRI T.K.KHADKA- PANEL ADVOCATE)
Signature Not Verified
Signed by: RAVIKANT
KEWAT
Signing time: 1/24/2023
11:04:37 AM
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                                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. This Hon'ble Court may kindly be pleased to direct the respondent to grant the benefit of earned leave 300 days to the petitioner, from the date of realization of the payment .

7.2 This Hon'ble Court be pleased to call for the record of the matter and after examining the same be pleased to issue the

appropriate writs, for grant the benefits of earned leave 300 days along with 12% from the due date to realization of the payment.

7.3. Any other relief, to which the petitioner is found entitled to, be also granted, in the deemed fit and proper.

It is the submission of learned counsel for the petitioner that he is a retired Hand Pump Mechanic who was appointed on 03.03.1983 and he was retired on attaining the age of superannuation. Respondents have not given the benefit of 300 days of earned leave to the petitioner. He submitted a 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. Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 1/24/2023 11:04:37 AM

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 petitioner to submit a detailed representation along with certified copy of this order to the respondents within three weeks' from today. If such representation is so preferred then respondents shall consider the same in accordance with relevant rules/guidelines and judgments passed by this Court from time to time in some similarly situated employees. Respondent/authority 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 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