Kal Singh Ningwal vs The State Of Madhya Pradesh
2023 Latest Caselaw 4470 MP

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                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE PRANAY VERMA
                                               ON THE 21 st OF MARCH, 2023
                                             WRIT PETITION No. 6651 of 2023

                           BETWEEN:-
                           KAL SINGH NINGWAL S/O SHRI NAHAR SINGH
                           NINGWAL, AGED ABOUT 63 YEARS, OCCUPATION:
                           RETD. GOVT. SERVANT VILLAGE KOTBU TEHSIL
                           ALIRAJPUR DISTRICT ALIRAJPUR (MADHYA PRADESH)

                                                                                      .....PETITIONER
                           (BY SHRI SHASHANK PATWARI, LEARNED COUNSEL)

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

                           2.    COMMISSIONER TRIBAL AFFAIRS DEPARTMENT
                                 SATPURA  BHAWAN,     BHOPAL    (MADHYA
                                 PRADESH)

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

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

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

                                                                                    .....RESPONDENTS
                           (BY SHRI ANENDRA SINGH PARIHAR, LEARNED GOVERNMENT
                           ADVOCATE APPEARING FOR THE ADVOCATE GENERAL, ON ADVANCE
                           NOTICE)

                                 T h is petition coming on for orders this day, t h e cou rt passed the
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHAWE
Signing time: 23-03-2023
15:08:50
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                           following:
                                                                 ORDER

With consent heard finally.

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 / her retirement from the post of Head Master, in accordance with the Madhya Pradesh Civil Services (Leave) Rules, 1977.

Learned counsel for the petitioner submits that in identical petition of Chhaganlal Kankrecha v. State of Madhya Pradesh & others, Writ Petition No.4787/2005 (S), 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 case of Chhaganlal Kankrecha (supra).

After hearing learned counsel for the petitioner, I deem it fit and proper to dispose of this petition with liberty to the petitioner to submit a fresh representation along with the judgment passed in the case of Chhaganlal Kankrecha (supra) and also copy of the order passed today within a period of 15 (fifteen) 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 Chhaganlal Kankrecha (supra) and Circular dated 08.03.2019 within a period of eight week from the date of submission of the representation. If the petitioner is found entitled, he / she shall be given the benefits forthwith.

It is made clear that this Court has not expressed any opinion on merits of the case.

Signature Not Verified Signed by: RAMESH CHANDRA PITHAWE Signing time: 23-03-2023 15:08:50

With the aforesaid direction, Writ Petition No.6651/2023 stands disposed of.

(PRANAY VERMA) JUDGE rcp

Signature Not Verified Signed by: RAMESH CHANDRA PITHAWE Signing time: 23-03-2023 15:08:50