Madhya Pradesh High Court
Gopichand Sharma vs The State Of Madhya Pradesh on 30 October, 2023
Author: Anand Pathak
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
ON THE 30 th OF OCTOBER, 2023
WRIT PETITION No. 27630 of 2023
BETWEEN:-
1. GOPICHAND SHARMA S/O LATE SHRI PANNA LAL
SHARMA, AGED 73 YEARS, OCCUPATION:
RETIRED R/O GOLE KA MANDIR GWALIOR
(MADHYA PRADESH)
2. ISLAM KHAN S/O SHRI SHAHBUDDIN KHAN,
AGED 70 YEARS, OCCUPATION: RET. R/O SUBHSH
NAGAR, DISTRICT MORENA (MADHYA PRADESH)
3. GOPILAL KUSHWAH S/O SHRI CHIRMOLI
KUSHWAH, AGED 61 YEARS, OCCUPATION: RET.
R/O SABALGARH DISTRICT MORENA (MADHYA
PRADESH)
4. SHYAM LAL OJHA S/O LATE SHRI N.R. OJHA,
AGED 58 YEARS, OCCUPATION: RET. R/O
CHHATRI BAZAR LASHKAR, GWALIOR (MADHYA
PRADESH)
5. SHAHZAD KHAN S/O SHRI BASHARAT KHAN,
AGED 61 YEARS, OCCUPATION: RET. R/O
SIKANDAR KAMPOO GWALIOR (MADHYA
PRADESH)
6. DINEH KUMAR SHRIVASTAVA S/O SHRI RAMESH
CHANDRA SHRIVASTAVA, AGED 66 YEARS,
OCCUPATION: RET. R/O VIVEK NAGAR JOURA,
DISTRICT MORENA (MADHYA PRADESH)
7. BABU SINGH SIKARWAR S/O SHRI PRAYAG
SINGH SIKARWAR, AGED 63 YEARS,
OCCUPATION: RET. R/O KESHAV COLONY,
MORENA (MADHYA PRADESH)
8. RAMBHAJAN DHAKRANAR S/O SHRI
SUKHARAM, AGED 61 YEARS, OCCUPATION: RET.
R/O RAMPURA SABALGARH, DISTRICT MORENA
(MADHYA PRADESH)
Signature Not Verified
Signed by: VISHAL
UPADHYAY
Signing time: 30-10-2023
07:24:10 PM
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9. RAMNIWAS S/O SHRI RAMBHAROSI, AGED 63
YEARS, OCCUPATION: SERVICE R/O GOPALPURA,
MORENA (MADHYA PRADESH)
10. SURENDRA SINGH S/O SHRI JAHAR SINGH, AGED
63 YEARS, OCCUPATION: RET. R/O SHIVLAL KA
PURA MORENA (MADHYA PRADESH)
11. MUMMALAL JAIN S/O SHRI MANGAL CHAND
JAIN, AGED 64 YEARS, OCCUPATION: RET. R/O
VILL. TUNDILA BHIND (MADHYA PRADESH)
12. LIYAQAT BEG S/O SHRI MUSHTAQ BEG, AGED 66
YEARS, OCCUPATION: RET. R/O KESHAV COLONY,
MORENA (MADHYA PRADESH)
13. AJAY KATARIYA S/O LATE SHRI SANWALDAS
KATARIA, AGED 61 YEARS, OCCUPATION: RET.
R/O SUBE KI GOTH, GWALIOR (MADHYA
PRADESH)
14. SURENDRA DANDOTIYA S/O SHRI RAGHUNATH
SINGH DANDOTIYA, AGED 64 YEARS,
OCCUPATION: RET. R/O JOURA KHURD WARD
NO. 9 , MORENA (MADHYA PRADESH)
15. SHAHZAD KHAN S/O SHRI KHAJU KHAN, AGED 64
YE A R S , OCCUPATION: SERVICE R/O SANJAY
COLONY, MORENA (MADHYA PRADESH)
16. ZUBAIR AHMED SIDDQUI S/O LATE SHRI ZAHEER
AHMAD SIDDIQUI, AGED 62 YEARS,
OCCUPATION: RET. R/O SINKANDAR KAMPO
LASHKAR, GWALIOR (MADHYA PRADESH)
17. DEVILAL JATAV S/O SHRI KHUSHALI, AGED 59
YEARS, OCCUPATION: SERVICE R/O NAI BASTI
TIKONIA MORAR (MADHYA PRADESH)
18. CHOTELAL SHARMA S/O SHRI PAYARELAL
SHARMA, AGED 63 YEARS, OCCUPATION:
RET.R/O MORENA (MADHYA PRADESH)
19. BABU KHAN S/O SHRI SHAMMU KHAN, AGED 54
YEARS, OCCUPATION: RET. R/O GUDAGUDI KA
NAKA LASHKAR, GWALIOR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI NIRMAL SHARMA AND SHRI PALLAV AWASHTI- ADVOCATE)
Signature Not Verified
Signed by: VISHAL
UPADHYAY
Signing time: 30-10-2023
07:24:10 PM
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AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY, DEPARTMENT OF
WATER RESOURCES, VALLABH BHAWAN,
BHOPAL (MADHYA PRADESH)
2. ENGINER IN CHIEF WATER RESOURCE
DEPARTMENT BHOPAL (MADHYA PRADESH)
3. EXECUTIVE ENG. ELECTRIC ENGINEERING
DEPARTMENT HEAVY MACHINERY WATER
RESOURCES DEPARTMENT THATIPUR, GWALIOR
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SHUSHANT TIWARI- GOVERNMENT ADVOCATE FOR
RESPONDENT/STATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
This petition under Article 226 of the Constitution of India has been filed
by the petitioner being aggrieved by the inaction/order of the respondents,
whereby the claim of petitioner for encashment of the earned leave has been
rejected on the ground that they are retired work charged employee and not
entitled to leave encahsment.
2 . Learned counsel for 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.
3 . Counsel for the 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
Signature Not Verified
Signed by: VISHAL
UPADHYAY
Signing time: 30-10-2023
07:24:10 PM
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.
4. Per contra, the petition is vehemently opposed by the counsel for the
State.
5. Heard learned counsel for the parties.
6. 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.
7. With the aforesaid, this petition is disposed of.
8. Certified copy as per rules.
(ANAND PATHAK)
JUDGE
Vishal
Signature Not Verified
Signed by: VISHAL
UPADHYAY
Signing time: 30-10-2023
07:24:10 PM
