Kalyan Singh Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 9962 MP

                                                           1
                          IN    THE       HIGH COURT OF MADHYA PRADESH
                                                AT GWALIOR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE ANAND PATHAK
                                                 ON THE 1 st OF JULY, 2023
                                            WRIT PETITION No. 14138 of 2023

                         BETWEEN:-
                         KALYAN SINGH YADAV S/O LATE SHRI RAMSWARUP
                         SINGH YADAV, AGED ABOUT 63 YEARS, OCCUPATION:
                         RETIRED TIME KEEPER R/O VILLAGE SIKARPUR
                         TEHASIL POST MORENA (MADHYA PRADESH)

                                                                                         .....PETITIONER
                         (BY SHRI DEVESH SHARMA - ADVOCATE )

                         AND
                         1.    THE STATE OF MADHYA PRADESH PRINCIPAL
                               SECRETARY, PUBLIC WORK DEPARTMENT,
                               VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

                         2.    ENGINEER    IN   CHIEF  PUBLIC  WORKS
                               D EPARTM EN T II FLORE SATPURA BHAVAN
                               BHOPAL (MADHYA PRADESH)

                         3.    CHIEF ENGINEER, CHIEF ENGINEER  PUBLIC
                               WORKS DEPARTMENT NORTH ZONES, THATIPUR
                               GWALIOR (MADHYA PRADESH)

                         4.    EXECUTIVE   ENGINEER   PUBLIC  WORKS
                               DEPARTMENT SETU NIRMAN SAMBHAG, R/O 52
                               CHANKYAPUR SACHIN TENDULKAR MARG
                               GWALIOR (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                         (BY SHRI VIRENDRA PAL - DEPUTY ADVOCATE GENERAL FOR
                         RESPONDENT/STATE)

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

This petition under Article 226 of the Constitution of India has been filed Signature Not Verified Signed by: VISHAL UPADHYAY Signing time: 7/1/2023 4:26:41 PM

by the petitioner being aggrieved by the inaction/order of the respondents, whereby the claim of petitioner for encahsment of the earned leave has been rejected on the ground that he is a retired work charged employee and not entitled to leave encahsment.

Learned counsel for petitioner has placed reliance on the decision rendered in W.A. No.470/2012 (The State of Madhya Pradesh Vs. Ram Khilawan Singh), preferred by the State of M.P. against the order dated 29.06.2011 passed in W.P. No.9930/2011.

Counsel for the petitioner has also relied on Rule 4 of M.P. Work Charged and Contingency Paid Employees Leave Rules, 1977 (in short '1977

Rules'). The Division Bench in the case of Ram Khilawan Singh (supra) has considered the identical issue raised therein, wherein the single Judge has allowed the petition preferred by a contingency paid employee and held him entitled for leave encahsment of 240 days. This order was modified by the Division Bench in view of the admission of the State Government and Rule 4 of 1977 Rules which provides that an employee working under the work charged establishment is entitled for the benefit of encahsment of 120 days earned leave.

Per contra, the petition is vehemently opposed by the counsel for the State.

Heard learned counsel for the parties. In view of the fact that the issue in the present case is identical to the case of Ram Khilawan Singh (supra) and the said judgment is squarely applicable to the present case also, this petition is allowed. The respondents are directed to extend the benefit of encashment of 120 days of earned leave to the petitioner as admissible under 1977 Rules within a period of 90 days from the date of production of certified copy of the order passed today. Signature Not Verified Signed by: VISHAL UPADHYAY Signing time: 7/1/2023 4:26:41 PM

With the aforesaid, this petition is disposed of. Certified copy as per rules.

(ANAND PATHAK) JUDGE Vishal

Signature Not Verified Signed by: VISHAL UPADHYAY Signing time: 7/1/2023 4:26:41 PM