Chandra Hass Bhargava vs The State Of Madhya Pradesh
2023 Latest Caselaw 372 MP

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                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE ANAND PATHAK
                                              ON THE 6 th OF JANUARY, 2023
                                             WRIT PETITION No. 30158 of 2022

                           BETWEEN:-
                           CHANDRA HASS BHARGAVA S/O SHRI BABULAL
                           BHARGAVA, AGED ABOUT 64 YEARS, OCCUPATION:
                           RETD. ASSISTANT TEACHER R/O VILLAGE AKOLA,
                           TEHSIL   SOHAGPUR   DISTRICT  HOSHANGABAD
                           (MADHYA PRADESH)

                                                                                      .....PETITIONER
                           (BY SHRI N.K. SHARMA - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 PRINCIPAL SECRETARY, SCHOOL EDUCATION
                                 DEPARTMENT, VALLABH BHAWAN BHOPAL
                                 (MADHYA PRADESH)

                           2.    THE       DISTRICT       EDUCATION    OFFICER,
                                 H O S H A N G A B A D DISTRICT   HOSHANGABAD
                                 (MADHYA PRADESH)

                           3.    THE HEADMASTER, GOVT. HIGHER SECONDARY
                                 SCHOOL      SOBHAPUR, TEHSIL  SOHAGPUR,
                                 DISTRICT HOSHANGABAD (MADHYA PRADESH)

                           4.    DISTRICT TREASURY OFFICER HOSHANGABAD
                                 DISTRICT HOSHANGABAD (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                           (BY SHRI VED PRAKASH TIWARI - GOVERNMENT 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

Signature Not Verified Signed by: APARNA TIWARI Signing time: 1/10/2023 12:08:58 PM

Constitution of India seeking following relief:-

"A. To issue a writ of mandamus directing the respondents to grant the benefit of the earned leave of 300 days along with all the consequential benefits along with the arrears of salary.

B. The Hon'ble Court may kindly be pleased to direct the respondents to consider and decide the representation of the petitioner.

C. Grant any other relief as deemed fit and proper in the circumstances of this case, along with the cost of this writ petition be also awarded."

It is the submission of learned counsel for the petitioner that he is a retired Assistant Teacher who was appointed on 31.01.1989 and completed the

age of superannuation on 13.01.2022. 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. & 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 & Ors. Vs. State of M.P. & Ors.). He seeks parity.

Learned counsel for the respondents/ State oppose the prayer but fairly submits that if any representation is preferred 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 Signature Not Verified Signed by: APARNA TIWARI Signing time: 1/10/2023 12:08:58 PM

accordance with relevant rules/guidelines and judgment passed by this Court from time to time in some similarly situated employees. Respondent 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 AT

Signature Not Verified Signed by: APARNA TIWARI Signing time: 1/10/2023 12:08:58 PM