Bherusingh Dudwe vs The State Of Madhya Pradesh
2023 Latest Caselaw 9068 MP

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                            IN    THE        HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                       BEFORE
                                           HON'BLE SHRI JUSTICE VIVEK RUSIA
                                                  ON THE 19 th OF JUNE, 2023
                                              WRIT PETITION No. 11089 of 2023

                      BETWEEN:-
                      BHERUSINGH DUDWE S/O SHRI SEKADIYA DUDWE, AGED
                      ABOUT 65 YEARS, OCCUPATION: RETD.GOVT. SERVANT R/O
                      JAWAHAR MARG JOBAT DISTT. ALIRAJPUR (MADHYA
                      PRADESH)

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

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

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

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

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

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

                                                                                               .....RESPONDENTS
                      (BY SHRI CHETAN JAIN, GOVERNMENT ADVOCATE)
                            This petition coming on for admission this day, the court passed the following:
                                                                ORDER

(1) 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 Head Master in accordance with the M.P. Civil Signature Not Verified Signed by: VINDESH RAIKWAR Signing time: 20-06-2023 10:29:48

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, 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.

(4) 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) JUDGE Vindesh

Signature Not Verified Signed by: VINDESH RAIKWAR Signing time: 20-06-2023 10:29:48