Madhya Pradesh High Court
Bhal Singh Chouhan vs State Of M.P. Through Tribal ... on 1 April, 2025
Author: Vivek Rusia
Bench: Vivek Rusia
NEUTRAL CITATION NO. 2025:MPHC-IND:8679
1 WP-17090-2020
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
ON THE 1 st OF APRIL, 2025
WRIT PETITION No. 17090 of 2020
BHAL SINGH CHOUHAN
Versus
STATE OF M.P. THROUGH TRIBAL DEVELOPMENT DEPARTMENT
AND OTHERS
Appearance:
Shri Shashank Patwari - Advocate for the petitioner.
Shri Anand Bhatt - GA for respondents/State.
ORDER
1. Petitioner has filed this present petition under Article 226 of the
Constitution of India seeking direction to the respondents to encash the 300
days of Earned Leave and pay the same with interest.
2. The petitioner was initially appointed as Assistant Teacher in the
Tribal Development Department. He was promoted to the post of Upper
Division Teacher. He was retired from service on 30.11.2016 after attaining
the age of superannuation. As per the order dated 22.3.2018 issued by the
Block Education Officer, Udaygarh, District Alirajpur, one Shri Vijay Ram
Parmar, Assistant Teacher has been held entitled for encashment of 229 days
of Earned Leave. The Principal of the Govt. Higher Secondary School, Rajla,
District Jhabua has also certified and calculated the amount of Rs.3,35,296/-
in the case of Shri Gendsingh Meda, Assistant Teacher.
3. According to the petitioner, he has been discriminated by the
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respondents by not giving the benefit of 300 days of earned leave. Hence he
approached this Court by way of present writ petition.
4. After notice, the respondents have filed the reply by submitting that
the petitioner was working on the post of Assistant Teacher in the Tribal
Development Department. Since he was in the Teaching Cadre, therefore,
there is no provision of leave encashment for this cadre as there is provision
of summer vacation. Only in case of attending educational programme
during vacation, the teaching cadre shall be entitled for leave encashment.
Hence, the respondents have rightly rejected his claim for leave encashment.
5. Learned counsel for the petitioner submits that the similar issue
came up for consideration before this Court in W.P. No.4787/2005
(Chhaganlal Kankrecha Vs. State of M.P. and others) and this Court has held
that under Rule 25 & 27 of the M.P. Civil Services (Leave) Rules, 1977 the
employees are entitled for leave encashment. He has placed reliance on the
judgment passed by the coordinate Bench of this Court in the case of
Heeralal Waskale Vs. The State of Madhya Pradesh and others vide order
dated 7.1.2025 passed in WP No.30597/2024 . Rule 25 & 27 are reproduced
below:-
"25. Earned leave for Government servant serving in
Departments other than vacation department.-(1)(a) A Government
servant who is serving in a Department other than vacation
department shall be entitled to 30 days earned leave in every
calendar year.
(b) The leave account of every Government servant shall be
credited with earned leave in advance in two instalments of 15
days each on 1st January and 1st July every year.
(c) The leave at the credit of a Government servant at a close of
the previous half year shall be carried forward to the next half year
subject to the condition that the leave so carried forward plus the
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credit for the half year do not exceed the maximum limit of 1[300]
days.
(2) Subject to the provision of sub-rule (3) the maximum earned
leave that may be granted at a time to a Government servant shall
be 120 days.
(3) Earned leave may be granted to a Government servant
exceeding a period of 120 days but not exceeding 180 days if the
entire leave so granted or any portion thereof is spent outside
India, Bangladesh, Burma, Ceylon, Bhutan, Nepal and Pakistan:
Provided that where earned leave exceeding a period of 120 days
is granted under this sub-rule the period of such leave spent in
India shall not in the aggregate exceed the aforesaid limit of 120
days.
27. Earned leave for persons serving in vacation department.- (1)
A Government servant serving in a vacation department shall not
be entitled to any earned leave in respect of duty performed in any
year in which he avails himself of the full vacation.
(2) The earned leave admissible to such a Government servant
in respect of any year in which he is prevented from availing
himself of the full vacation is such proportion of 30 days earned
leave as the number of days of vacation not taken bears to the full
vacation. If in any year he does not avail himself of the vacation,
earned leave is admissible to him in respect of that year in
accordance with the provision of Rule 25.
(3) Vacation may be taken in combination with or in
continuation of any kind of leave under this rule, provided that the
total duration of the vacation and earned leave taken in
conjunction, whether the earned leave is taken in combination
with or in continuation of other leave or not, shall not exceed the
amount of earned leave due and admissible to the officer at a time
under Rule 25 :
Provided further that the total duration of vacation, earned leave
and commuted leave taken in conjunction shall not exceed 210
days.
If, however, the entire spell of leave or portion thereof is spent
elsewhere than in India, Bangladesh, Burma, Ceylon, Bhutan,
Nepal and Pakistan, the maximum limit shall be 240 days subject
to the condition that portion spent in India, Burma, Ceylon,
Bangladesh, Bhutan, Nepal and Pakistan is not more than 210
days.
Explanation. - For the purpose of this rule, the term 'year' shall
be construed not as meaning a calendar year in which duty is
performed but as meaning twelve months of actual duty in a
vacation department.
Note (1) . - A Government servant entitled to vacation shall be
considered to have availed himself of a vacation or a portion of a
vacation unless he has been required by general or special orders
of a higher authority to forego such vacation or portion of a
vacation :
Note (2). - When a Government servant serving in a vacation
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department proceeds on leave before completing a full year of
duty, the earned leave admissible to him shall be calculated not
with reference to the vacations which fall during the period of
actual duty rendered."
6. It is correct that Rule 25 provides earned leave for the Government
servant serving in the departments other than vacation department. Initially
there was a provision for 30 days earned leave which was enhanced up to
120 days and now it is 300 days. Rule 26 provides the formula for
calculation of earned leave.
7. Rule 27 deals with earned leave for the persons serving in vacation
department like Education Department. Sub-rule (1) clearly provides that the
Government servant serving in a vacation department shall not be entitled
for any earned leave in respect of duty performed in any year in which he
avails himself of the full vacation. As per Note-(1), the Government
servant entitled to vacation shall be considered to have availed himself of
vacation or a portion of vacation unless he has been required by general or
special orders of a higher authority to forego such vacation or portion of
vacation.
8. Therefore, it is required to be proved by the petitioner that he did not
avail the vacation and he was required to work during vacation by order
issued by higher authorities. For this exercise the service record and leave
record of the petitioner are liable to be examined by the competent authority.
9. Let the service record as well as the leave record of the petitioner be
examined by the competent authority and decision be taken strictly in terms
of Rule 27 of the M.P. Civil Services (Leave) Rules, 1977. If the petitioner is
found entitled for leave encashment, then benefit will be given to him. In
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case of rejection of claim of petitioner, a detailed and speaking order be
passed.
10. With the aforesaid direction, the writ petition is disposed of.
(VIVEK RUSIA)
JUDGE
trilok
