Bhagwan Singh Devada vs The State Of Madhya Pradesh
2023 Latest Caselaw 9415 MP

                                                       1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                     BEFORE
                                         HON'BLE SHRI JUSTICE VIVEK RUSIA
                                              ON THE 22 nd OF JUNE, 2023
                                           WRIT PETITION No. 13452 of 2023

                           BETWEEN:-
                           1.    BHAGWAN SINGH DEVADA S/O SHRI FATE SINGH
                                 DEVADA, AGED ABOUT 64 YEARS, OCCUPATION:
                                 RTD.    ASST.  TEACHER,   R/O    VILLAGE
                                 JANOEEKHEDI POST PATLAVADA TEH. DEWAS
                                 DIST. DEWAS (MADHYA PRADESH)

                           2.    PRAKASH BANE S/O GANPAT RAO BANE, AGED
                                 ABOUT 64 YEARS, OCCUPATION: RTD. ASST.
                                 TEACHER, GOVT. PRIMARY SCHOOL, AMALAVAT,
                                 R/O 61, L.I.G. CIVIL LINE, DEWAS, DISTRICT
                                 DEWAS (MADHYA PRADESH)

                           3.    JAGDISH KARPENTER S/O DEVI LAL KARPENTER,
                                 AGED ABOUT 63 YEARS, OCCUPATION: ASST.
                                 TEACHER GOVT. MIDDLE SCHOOL, BORKHEDI
                                 DHAKAD DIST. DEWAS R/O 55, JAMNA NAGAR,
                                 MAKSI ROAD, DEWAS DIST. DEWAS (MADHYA
                                 PRADESH)

                           4.    AZIZ KHAN S/O NAZIR KHAN, AGED ABOUT 60
                                 YEARS, OCCUPATION: GOVT. TEACHER R/O 126,
                                 UTTAM NAGAR ITAVA, DEWAS, DISTRICT DEWAS
                                 (MADHYA PRADESH)

                           5.    RATAN SINGH THAKUR S/O PANNA LAL THAKUR,
                                 AGED ABOUT 64 YEARS, OCCUPATION: RTD.
                                 ASST. TEACHER R/O VILLAGE KHATAMBA POST
                                 JAMGOD, TEH. DEWAS, DISTT. DEWAS (MADHYA
                                 PRADESH)

                                                                                .....PETITIONERS
                           (SHRI KISHORI   LAL   PUROHIT,   LEARNED   COUNSEL    FOR    THE
                           PETITIONERS.)

                           AND
                           1.    THE STATE OF MADHYA PRADESH, THROUGH
                                 PRINCIPAL SECRETARY, SCHOOL EDUCATION
                                 DEPARTMENT,      VALLABH      BHAWAN,
Signature Not Verified
Signed by: DIVYANSH
SHUKLA
Signing time: 22-06-2023
17:26:43
                                                       2
                                 MANTRALAYA, BHOPAL (MADHYA PRADESH)

                           2.    DISTRICT   EDUCATION   OFFICER,  SCHOOL
                                 EDUCATION DEPARTMENT, DEWAS, A.B. ROAD,
                                 DISTRICT DEWAS (MADHYA PRADESH)

                           3.    DIVISIONAL PENSION OFFICER, UJJAIN DIVISION
                                 BHARATPURI, UJJAIN (MADHYA PRADESH)

                           4.    PRINCIPAL GOVT. M. RADHA BAI GIRLS H.S.
                                 SCHOOL, DEWAS, DISTRICT DEWAS (MADHYA
                                 PRADESH)

                           5.    PR IN CIPAL GOVT. H.S. SCHOOL, SINGAVADA,
                                 DISTRICT DEWAS (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (MS. GEETANJALI CHAURASIYA, LEARNED GOVERNMENT ADVOCATE
                           FOR THE RESPONDENT / STATE.)

                                 T h is petition coming on for orders this day, t h e cou rt passed the
                           following:
                                                              ORDER

(1) In the present petition, the petitioners are seeking a direction to the respondents to consider the representation of the petitioners for grant of leave encashment for 300 days after his retirement on the post of Teacher/ Assistant Teacher in accordance with the M.P. Civil Services (Leave) Rules 1977.

(2) Counsel for the petitioners submit 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 petitioners 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 petitioners to submit a fresh representation along with the judgment passed in the case of Chaganlal Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 22-06-2023 17:26:43

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 petitioners are found entitled, they 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 Divyansh

Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 22-06-2023 17:26:43