Ram Kumar Gupta vs Madhya Pradesh Gramin Bank
2024 Latest Caselaw 14300 MP

Madhya Pradesh High Court

Ram Kumar Gupta vs Madhya Pradesh Gramin Bank on 15 May, 2024

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                  ON THE 15 th OF MAY, 2024
                                              WRIT PETITION No. 13168 of 2024

                           BETWEEN:-
                           RAM KUMAR GUPTA S/O SHRI B L GUPTA, AGED
                           ABOUT   59  YEARS, OCCUPATION: W/A RETIRED
                           OFFICER SCALE-I KHARGONE R/O WARD NO. 25 NEW
                           BUS STAND BEHIND DADHIBAL PETROL PUMP
                           BALPURVA SHAHDOL (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (BY SHRI VIKAS MAHAWAR - ADVOCATE )

                           AND
                           1.    MADHYA PRADESH GRAMIN BANK THROUGH
                                 ITS CHAIRMAN HEAD OFFICE 204 SECOND
                                 FLOOR C-21 BUSINESS PARK IN FRONT OF HOTEL
                                 RADISSON BLUE INDORE (MADHYA PRADESH)

                           2.    GENERAL MANAGER PRADESH GRAMIN BANK
                                 HEAD OFFICE 204 SECOND FLOOR C-21 BUSINESS
                                 PARK IN FRONT OF HOTEL RADISSON BLUE
                                 INDORE (MADHYA PRADESH)

                                                                                       .....RESPONDENTS


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

Petitioner's contention is that the petitioner who was working as Officer Scale I in MP Gramin Bank is entitled to payment of leave encashment on account of he being visited with penalty of compulsory retirement.

It is submitted that this issue was raised in relation to the same MP Gramin Bank in WP No.28102/2022 where a Coordinate Bench of this Court at

Indore vide order dated 22.09.2023 held that order of compulsory retirement will not bar the petitioner from claiming benefit of leave encashment. In that case reliance is placed on the judgment of Bombay High Court in case of Ashok and Others v. Chief Secretary and Others, WP No.1347/2016 which is affirmed by Hon'ble the Supreme Court vide order dated 11.08.2017 while dismissing the SLP.

In view of such fact that the order passed in WP No.28102/2022 is affirmed by the Division Bench in WA No.1690 of 2023, it is a binding precedent for this Court. Accordingly, this petition is disposed of in the same terms in which WP No.28102/2022 is allowed and disposed of. The impugned

order is set aside.

Accordingly, the petition is allowed and disposed of.

(VIVEK AGARWAL) JUDGE ks