Bapusingh Chouhan vs The State Of Madhya Pradesh
2023 Latest Caselaw 15406 MP

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                        BEFORE
                                        HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                              ON THE 19 th OF SEPTEMBER, 2023
                                               WRIT PETITION No. 23695 of 2023

                           BETWEEN:-
                           BAPUSINGH CHOUHAN S/O GULABSINGH CHOUHAN,
                           AGED ABOUT 69 YEARS, OCCUPATION: RETD. GOVT.
                           SERVANT PRIMARY SCHOOL SONGAON, POST PIPLI
                           VIKAS KHAND GANDHWANI, DISTT. DHAR (MADHYA
                           PRADESH)

                                                                                           .....PETITIONER
                           (BY SHRI SUBHASH UPADHYAY, ADVOCATE)

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

                           2.    ASSISTANT          COMMISSIONER TRIBAL
                                 DEVELOPMENT     DEPARTMENT DIST. DHAR
                                 (MADHYA PRADESH)

                           3.    PRINCIPAL HIGH SCHOOL PIPLI, VIKASKHAND
                                 GANDHWANI DIST. DHAR (MADHYA PRADESH)

                           4.    DISTRICT  PENSION           OFFICER DIST.      DHAR
                                 (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
                           (BY SHRI VISHAL SANOTHIYA, P.L./G.A.)

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

1. In the present petition, the petitioner is seeking a direction to the respondents to consider the representation of the petitioner for grant of leave Signature Not Verified Signed by: BAHAR CHAWLA Signing time: 19-09-2023 18:28:47

encashment for 240 days after his retirement from the post of Assistant Teacher in accordance with the M.P. Civil Services (Leave) Rules 1977 which has not been granted till date.

2. Learned counsel for the petitioner submits that the identical petition o f 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).

3. After hearing learned counsel for the petitioner, I deem it proper to dispose of 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 fifteen 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 view the judgment passed by this Court in the case of Chaganlal Kakrecha (supra) and Circular dated 08.03.2019 within a period of eight weeks from the date of submission of the representation.

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

5. With the aforesaid, the writ petition is disposed of.

Certified copy as per rules.

(SUBODH ABHYANKAR) JUDGE Bahar

Signature Not Verified Signed by: BAHAR CHAWLA Signing time: 19-09-2023 18:28:47