Madhu Suryauvanshi vs The State Of Madhya Pradesh
2023 Latest Caselaw 10382 MP

                                                          1
                          IN    THE       HIGH COURT OF MADHYA PRADESH
                                                AT INDORE
                                                      BEFORE
                                      HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                                ON THE 7 th OF JULY, 2023
                                           WRIT PETITION No. 15343 of 2023

                         BETWEEN:-
                         MADHU SURYAUVANSHI D/O PUNJU SURYAUVANSHI,
                         AGED ABOUT 62 YEARS, OCCUPATION: RETD. GOVT.
                         SERVANT GOVT. UTKRASHTH HIGHER SECONDARY
                         SCHOOL, DISTT. BARWANI (MADHYA PRADESH)

                                                                                    .....PETITIONER
                         (BY MS. ARCHANA UPADHYAY, ADVOCATE)

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

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

                         3.    PRINCIPAL  GOVT. UTKARSHA     HIGHGER
                               SECONDARY SCHOOL NO. 1, DIST. BARWANI
                               (MADHYA PRADESH)

                         4.    DISTRICT PENSION       OFFICER DIST. BARWANI
                               (MADHYA PRADESH)

                                                                                 .....RESPONDENTS
                         ( BY SHRI SHALABH SHARMA, GOVT. ADVOCATE APPEARING ON
                         BEHALF OF ADVOCATE GENERAL.

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

They are heard and perused the record.

Signature Not Verified Signed by: MONI RAJU Signing time: 7/7/2023 6:20:03 PM

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 her retirement on the post of Upper Division 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 of 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 view 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 of. Certified copy as per rules.

(SUBODH ABHYANKAR) JUDGE moni Signature Not Verified Signed by: MONI RAJU Signing time: 7/7/2023 6:20:03 PM

Signature Not Verified Signed by: MONI RAJU Signing time: 7/7/2023 6:20:03 PM