Sursingh vs The State Of Madhya Pradesh
2023 Latest Caselaw 10134 MP

                                                           1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                      BEFORE
                                          HON'BLE SHRI JUSTICE VIVEK RUSIA
                                                 ON THE 4 th OF JULY, 2023
                                             WRIT PETITION No. 14894 of 2023

                           BETWEEN:-
                           SURSINGH S/O SHRI BHALLA RAWAT, AGED ABOUT 66
                           YEARS, OCCUPATION: GOVT. SERVICE RETIRED R/O
                           IMLI FALIYA GUNERI DISTT. ALIRAJPUR (MADHYA
                           PRADESH)

                                                                                      .....PETITIONER
                           (BY SHRI MANISH YADAV, ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH PRINCIPAL
                                 SECRETARY VALLABH    BHAWAN   BHOPAL
                                 (MADHYA PRADESH)

                           2.    COMMISSIONER TRIBAL AFFAIRS DEPARTMENT
                                 SATPUDA BHAWAN BHOPAL (MADHYA PRADESH)

                           3.    ASSISTANT COMMISSIONER TRIBAL AFFAIRS
                                 DEPARTMENT ALIRAJPUR (MADHYA PRADESH)

                           4.    COLLECTOR ALIRAJPUR (MADHYA PRADESH)

                           5.    BLOCK EDUCATION OFFICER TRIBAL AFFAIRS
                                 DEPARTMENT ALIRAJPUR (MADHYA PRADESH)

                           6.    DISTRICT   PENSION    OFFICER    TREASURY
                                 ACCOUNTS    AND    PENSION    DEPARTMENT
                                 ALIRAJPUR (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                           (BY SHRI DEVAASHEESH DUBEY, PANEL LAWYER)

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

Signature Not Verified Signed by: VARSHA SINGH Signing time: 05-07-2023 19:23:12

In the present petition, the petitioner is seeking a direction to the respondents 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.

C o uns el 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 Circular dated 08.03.2019 and as per the judgment of this Court in the case of Chaganlal Kakrecha (supra).

After hearing learned counsel for the petitioner, I deem it proper to dispose off this 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 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. If the petitioner is found entitled, he shall be given the benefit forthwith.

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) Signature Not Verified Signed by: VARSHA SINGH Signing time: 05-07-2023 19:23:12

JUDGE VS

Signature Not Verified Signed by: VARSHA SINGH Signing time: 05-07-2023 19:23:12