Isliya Rawat vs The State Of Madhya Pradesh
2023 Latest Caselaw 3770 MP

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                          IN    THE      HIGH COURT OF MADHYA PRADESH
                                               AT INDORE
                                                 BEFORE
                          HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                             ON THE 3 rd OF MARCH, 2023
                                           WRIT PETITION No. 5434 of 2023

                         BETWEEN:-
                         ISLIYA RAWAT S/O ANSINGH RAWAT, AGED ABOUT 64
                         YEAR S, OCCUPATION: RETD.GOVT. SERVANT R/O 2
                         SAWANTPURAM COLONY DISTT. BARWANI (MADHYA
                         PRADESH)

                                                                                    .....PETITIONER
                         (MS ARCHANA UPADHYAYA, LEARNED COUNSEL FOR THE PETITIONER
                         )


                         AND
                         1.    THE STATE OF MADHYA PRADESH SECRETARY
                               VALLABH    BHAWAN,   BHOPAL   (MADHYA
                               PRADESH)

                         2.    COMMISSIONER          TRIBAL   DEVELOPMENT
                               D E P A R T M E N T VINDHYANCHAL   BHAWAN,
                               BHOPAL (MADHYA PRADESH)

                         3.    ASSISTANT        COMMISSIONER TRIBAL
                               DEVELOPMENT DEPARTMENT DIST. BARWANI
                               (MADHYA PRADESH)

                         4.    BLOCK EDUCATION OFFICER JANJATIYA KARYA
                               VIBHAG DIST. BARWANI (MADHYA PRADESH)

                         5.    JOINT DIRECTOR TREASURY ACCOUNTS AND
                               PENSION INDORE DIVISION, INDORE (MADHYA
                               PRADESH)

                                                                                 .....RESPONDENTS
                         (MR BHUWAN DESHMUKH- GA APPEARING ON BEHALF OF ADVOCATE
                         GENERAL)


                               This petition coming on for admission this day, th e court passed the
Signature Not Verified
Signed by: NARENDRA
KUMAR RAIPURIA
Signing time: 3/6/2023
1:14:11 PM
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                         following:
                                                              ORDER

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

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 the Circular dated 08.03.2019 and as per the judgment of Chaganlal Kakrecha (supra).

After hearing learned counsel for the petitioner, I deem it proper to dispose off the 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 the 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.

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. Certified copy as per rules.

Signature Not Verified Signed by: NARENDRA KUMAR RAIPURIA Signing time: 3/6/2023 1:14:11 PM

(S. A. DHARMADHIKARI) JUDGE N.R.

Signature Not Verified Signed by: NARENDRA KUMAR RAIPURIA Signing time: 3/6/2023 1:14:11 PM