Shrijeevan Lal vs The State Of Madhya Pradesh Through ...
2024 Latest Caselaw 15716 MP

Madhya Pradesh High Court

Shrijeevan Lal vs The State Of Madhya Pradesh Through ... on 27 May, 2024

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

                                                              1
                           IN    THE        HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                  ON THE 27 th OF MAY, 2024
                                             WRIT PETITION No. 14097 of 2024

                          BETWEEN:-
                          SHRIJEEVAN LAL S/O SHIVNARAYAN JAISWAL, AGED
                          ABOUT 64 YEARS, OCCUPATION: RETD. UPPER CLASS
                          TEACHER MAHAVEER MARG, KHETIYA, TEHSIL
                          PANSEMAL, DISTRICT BARWANI (MADHYA PRADESH)

                                                                                            .....PETITIONER
                          (BY MS. MEGHA JAIN, ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                SECRETARY DEPARTMENT OF SECONDARY
                                EDUCATION  VALLABH  BHAWAN,  BHOPAL
                                (MADHYA PRADESH)

                          2.    THE DISTRICT EDUCATION OFFICER BARWANI
                                DIST. BARWANI (MADHYA PRADESH)

                          3.    ASSISTANT COMMISSIONER DEPARTMENT OF
                                TRIBAL AFFAIRS BARWANI BARWANI DIST.
                                BARWANI (MADHYA PRADESH)

                          4.    THE  COLLECTOR BARWANI DIST. BARWANI
                                (MADHYA PRADESH)

                                                                                          .....RESPONDENTS
                          (SHRI RAJWARDHAN GAWDE - G.A. FOR STATE)

                                T h is petition coming on for orders this day, t h e cou rt passed the
                          following:
                                                               ORDER

In the instant petition, the petitioner is challenging the inaction on the part of respondent No.3 in not releasing the amount of earned leave of 300 days in

terms of provisions of Rules 25 and 27 of the M.P. Civil Service (Leave) Rules, 1977 along with the interest.

2. Learned counsel for the petitioner has placed reliance on the judgment passed by this Court in W.P.No. 26367/2022 in the matter of Tushar Kantital Vs. State of Madhya Pradesh wherein this Court has taken into consideration the the order passed by Gwalior Bench in Writ Petition No. 2948/2008 (Virendra Kiledar v. State of M.P. and others) affirmed by Division Bench of this Court at Gwalior in Writ Appeal No.484/2011 (The State of Madhya Pradesh & others v. Virendra Kiledar S/o Gattu Lal Kiledar & another) vide order dated 27.04.2012. According to her, the petitioner is entitled for 300 days

leave encashment. Therefore, the present petition be also disposed of in view of the directions contained in the order passed by the Coordinate Bench of this Court.

3. Learned counsel for the respondent / State, on the other hand, could not dispute passing of order in W.P. No.2948/2008 and submits that if representation is submitted by the petitioner in that regard, then the same shall be duly considered by the respondents authority.

4. In view of the aforesaid legal position, it is directed that if petitioner submits a fresh representation to the Competent Authority of the respondents within fifteen days from today, then the same shall be considered and decided by the said authority, in accordance with law, keeping in view the order dated 13.10.2010 passed in Writ Petition No.2948/2008 (S) within a period of two months from the date of receipt of certified copy of this order.

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

With the aforesaid direction, Writ Petition stands disposed of.

All the other pending interlocutory applications, if any, all stand disposed off.

(VIJAY KUMAR SHUKLA) JUDGE MK