Virendra Sahay Saxena vs The State Of Madhya Pradesh
2023 Latest Caselaw 9883 MP

                                1
 IN    THE      HIGH COURT OF MADHYA PRADESH
                      AT GWALIOR
                           BEFORE
             HON'BLE SHRI JUSTICE ANAND PATHAK
                     ON THE 30 th OF JUNE, 2023
                  WRIT PETITION No. 14388 of 2023

BETWEEN:-
VIRENDRA SAHAY SAXENA S/O LATE SHRI RAM SAHAY
SAXENA, AGED ABOUT 63 YEARS, OCCUPATION:
RETIRED HANDPUMP TECHANICIAN R/O LAXMIGANJ
PRASUDI GRAHAM KE PASS LASHKAR, GWALIOR
(MADHYA PRADESH)

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

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

2.    ENGINEER   IN   CHIEF   PUBLIC HEALTH
      ENGINEERING DEPARTMENT, JAL BHAWAN,
      BHOPAL (MADHYA PRADESH)

3.    CHIEF ENGINEER PUBLIC HEALTH ENGINEERING
      D EPARTM EN T NEAR WATER TANK MORAR
      GWALIOR (MADHYA PRADESH)

4.    EXECUTIVE   ENGINEER,  PUBLIC  HEALTH
      ENGINEERING        DEPARTMENT DIVISION
      GWALIOR (MADHYA PRADESH)

                                                         .....RESPONDENTS
(BY SHRI M.S. JADON - GOVERNMENT ADVOCATE)

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

This petition has been filed aggrieved by the inaction/action 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.

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.

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.

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. Under such circumstances, 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.

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

(ANAND PATHAK) JUDGE Ashish*

Digitally signed by ASHISH CHAURASIA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT

ASHISH OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=bf81a9adb1da24e4bc7b5195154c3d 4de08c6bb9303e52e2e7e728d9bac85bd3,

CHAURASIA pseudonym=CA2EA6EDDF504F8F9C2790FA9 A0FD201D0242B64, serialNumber=A926F3CBF979ECA6A4C477577 EEDBA3AB4F94593A930B98DAE1B0AD16F90B 5FD, cn=ASHISH CHAURASIA Date: 2023.07.01 16:35:00 -07'00'