Inder Singh Salvi vs The State Of Madhya Pradesh Tribal ...
2023 Latest Caselaw 11157 MP

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                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                ON THE 18 th OF JULY, 2023
                                             WRIT PETITION No. 16873 of 2023

                           BETWEEN:-
                           INDER SINGH SALVI S/O SHRI KISHANLAL JI SALVI,
                           AGED ABOUT 63 YEARS, OCCUPATION: RETD. GOVT.
                           SERVANT R / O NARMADA COLONY JOBAT DISTRICT
                           ALIRJAPUR (MADHYA PRADESH)

                                                                                      .....PETITIONER
                           (BY SHRI SHASHANK PATWARI - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH TRIBAL
                                 AFFAIRS DEPARTMENT THROUGH PRINCIPAL
                                 SECRETARY VALLABH BHAWAN MANTRLAYA
                                 BHOPAL (MADHYA PRADESH)

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

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

                           4.    PRINCIPAL (SANKUL PRACHARYA) GOVT. H.S.
                                 SCHOOL     KHATTALI ALIRAJPUR (MADHYA
                                 PRADESH)

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

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

                                                                                   .....RESPONDENTS
                           (BY SHRI BHUWAN DESHMUKH - G.A.)

                                 This petition coming on for admission this day, th e court passed the
Signature Not Verified
Signed by: PRAMOD
KUSHWAHA
Signing time: 18-07-2023
17:51:16
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                           following:
                                                               ORDER

I n 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 Head Master in accordance with the M.P. Civil Services (Leave) Rules 1977.

2 . 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 Circular dated 08.03.2019

and as per the judgment of this Court in the case of Chaganlal Kakrecha (supra).

3 . After hearing learned counsel for the petitioner, this petition is disposed off 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.

(VIJAY KUMAR SHUKLA) JUDGE Signature Not Verified Signed by: PRAMOD KUSHWAHA Signing time: 18-07-2023 17:51:16

Pramod

Signature Not Verified Signed by: PRAMOD KUSHWAHA Signing time: 18-07-2023 17:51:16