Narendra Kumar Shrivastava vs The State Of Madhya Pradesh
2023 Latest Caselaw 7762 MP

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     IN THE     HIGH COURT OF MADHYA PRADESH
                     AT G WA L I O R
                           BEFORE
         HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                     ON THE 11th OF MAY, 2023

                  WRIT PETITION No. 11101 of 2023

BETWEEN:-
1.   NARENDRA KUMAR SHRIVASTAVA S/O LATE SHRI
     GORISHANKAR SHRIVASTAVA, AGED ABOUT 63 YEARS,
     R/O VIVEKANAND COLONY, DAK BUNGALOW ROAD,
     SHIVPURI (MADHYA PRADESH)

2.   KOMAL PRASAD KUSHWAH S/O LATE SHRI LALALRAM
     KUSHWAH, AGED ABOUT 64 YEARS, OCCUPATION:
     RETIRED METER READER PURANI RAILWAY LINE
     NEAR GWALIOR TOLL TAX SHIVPURI M.P. (MADHYA
     PRADESH)

3.   MUNNALAL MAHOR S/O LATE SHRI GHANSHURAM
     MAHOR, AGED ABOUT 63 YEARS, OCCUPATION:
     RETIRED PUMP ATTANDER PHYSICAL ROAD DHIMAR
     MOHALLA SHIVPURI M.P. (MADHYA PRADESH)

4.   GANESH PANDEY S/O LATE SHRI MANNULAL PANDEY,
     AGED ABOUT 63 YEARS, OCCUPATION: RETIRED
     ELECTRICIAN COURT ROAD PANDEY BHAWAN
     SHIVPURI M.P. (MADHYA PRADESH)

5.   KESHAV RAJE S/O LATE SHRI BALRAM RAJE, AGED
     ABOUT 63 YEARS, OCCUPATION: RETIRED PUMP
     DRIVER AMBEDKAR ROAD KALARBAG CHUNGINAKA
     SHIVPURI M.P. (MADHYA PRADESH)

6.   OMPRAKASH MAHOR S/O LATE SHRI BALKISHAN
     MAHOR, AGED ABOUT 68 YEARS, OCCUPATION:
     RETIRED WIREMAN PHYSICAL THANE KE SAMNE
     SHIVPURI (MADHYA PRADESH)

7.   SITARAM KUSHWAHA S/O LATE SHRI KAMLARAM
     KUSHWAHA, AGED ABOUT 63 YEARS, OCCUPATION:
     RETIRED PUMP ATTENDAR MOTIBABA TANKI KE
     SAMNE SHIVPURI M.P. (MADHYA PRADESH)

8.   UMSHANKAR TIWARI S/O LATE SHRI BALKRISHAN
     TIWARI, AGED ABOUT 67 YEARS, OCCUPATION:
     RETIRED FILTER OPERATOR WARD NO. 1 BACHORA
     SHIVPURI M.P, (MADHYA PRADESH)
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9.    BABULAL SHIRVASTAVA S/O LATE SHRI ATAMARAM
      SHRIVASTAVA, AGED ABOUT 67 YEARS, OCCUPATION:
      RETIRED PUMP ATTENDAR YADAV HOTAL LAL KOTHI
      KE PASS PHYSICAL ROAD SHIVPURI M.P. (MADHYA
      PRADESH)

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

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

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

3.    CHIEF ENGINEER PUBLIC HEALTH ENGINEERING
      DEPARTMENT NEAR WATER TANK MORAR GWALIOR
      M.P. (MADHYA PRADESH)

4.    EXECUTIVE      ENGINEER    PUBLIC                HEALTH
      ENGINEERING DEPARTMENT DIVISION                 SHIVPURI
      GWALIOR M.P. (MADHYA PRADESH)

                                                                  .....RESPONDENTS
(BY SHRI G.K. AGARWAL - GOVERNMENT ADVOCATE)

      This petition coming on for hearing this day, the court passed the following:
                                      ORDER

This petition under Article 226 of the Constitution of India has been filed by

the petitioners being aggrieved by the inaction/order of the respondents, whereby the claim of petitioners for encahsment of the earned leave has been rejected on the

ground that they are a retired work charged employee and not entitled to leave

encahsment.

Petitioners have 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.

Petitioners have 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.

Per contra, the petition is vehemently opposed by the counsel for the State. Heard learned counsel for the parties.

In view of the fact that 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, 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.

(MILIND RAMESH PHADKE) JUDGE neetu NEETU SHASHANK 2023.05.12 10:49:56 +05'30'